The Injury Lawyer Directory Blog

After the wrongful deaths of two Arkansas children, a child-safety organization from Kansas is requesting that General Motors (GM) recall 2000-2001 models of several cars. The organization says that GM should install emergency trunk releases in all the trunks of their cars.

The children that died were discovered in the trunk of a 2000 Chevrolet Malibu. The cause of their death was environmental hyperthermia, which was brought about by the temperature in Arkansas that reached the upper-80s.

The Kansas safety organization Kids and Cars claims that if the Chevrolet Malibu was manufactured in the same manner as 2000 Ford cars, the children would still be alive. Ford cars are equipped with an emergency release latch that glows in the dark and is designed to be operated by children as young as 3 years old.

When dangerous products are released to the public, they can put thousands of people at risk of serious personal injury or wrongful death. In this case, the cars were manufactured with a design defect, which failed to incorporate some sort of latch for children or other people who are locked in the trunk of the car.

If you or one of your loved ones has suffered injuries as a result of a dangerous product, you may be able to recover compensation. It is important to consult an experienced defective product attorney to find out if you have a valid claim.

If you have a wrongful death or defective product claim in the Fort Smith, Arkansas area, please contact the Arkansas personal injury lawyers at Carr & Carr today to schedule a consultation.

The ConAgra plant that exploded on June 9, 2009, killing three, has now been determined to be caused by natural gas. The Alcohol, Tobacco, Firearms, and Explosives' National Response Team was sent to the scene of the plant explosion to investigate the accident. Plant explosions such as this can result in many different injuries to different parties, and a premises liability attorney can help you recover compensation.

Investigators that have looked into the plant explosion are now saying the blast that punched holes through walls and the roof and started various fires in the building was not a criminal act. Instead, the results of the investigation have shown that the explosion was accidental.

Investigators say that the explosion took place in pump room number two, and that it was caused by a natural gas leak, which was then ignited when electrical equipment switched on. There is no information yet on whether or not the explosion could have been caused by a defective product or defective construction.

At the time of the explosion, there were nearly 300 people inside. Of the three people who suffered wrongful deaths as a result of the explosion, one died attempting to save a co-worker when the building caved in on both of them.

If you have a premises liability or wrongful death claim in the Charlotte, North Carolina area, please contact the Charlotte personal injury lawyers at the Law Offices of Robert J. Dewey, P.A. today to schedule a consultation.

Three men working on a high-rise construction project in Austin, Texas died when the scaffolding they were working on collapsed and sent them plunging to the ground several stories below. The families of the deceased men are now coping with the loss of their loved ones.

Wrongful deaths and construction accidents are very difficult to deal with, which is why an experienced personal injury lawyer in your area can help you recover the compensation you need. With a construction accident or wrongful death claim, you can get compensation for medical bills, funeral costs, loss of income and other damages.

The men who died in the construction accident were immigrant workers who supported their Latin American families by working in Austin, Texas. At this point, it is unclear which construction company working on the apartment building employed the three men. While police investigate the accident, work has been cut back on the construction site.

While there are several possible reasons as to why the construction accident happened, police are looking into whether or not the scaffolding was defective.

If you have a wrongful death or construction accident claim in the Houston, Texas area, please contact the Law Offices of Kennedy Hodges, L.L.P. today to schedule a consultation.

The family of an elderly woman who died after a wheelchair accident has filed a wrongful death claim. The accident occurred at a Del Taco restaurant; the woman was being pushed by her son down a defective ramp when she fell off and suffered serious injuries in March 2008.

The lawsuit claims that the ramp the woman fell off was steeper than it legally should have been and that there were no rails on the ramp at the time of the accident. As a result of the wheel chair accident, the woman suffered a heart attack and traumatic brain injuries that left her in a coma for over a week.

Although the woman came out of her coma, she died earlier this year and her family claims that the wrongful death is a direct result of the injuries she suffered from the premises liability accident. The lawsuit is being filed against the City of Simi Valley because they are the ones who signed off on the ramp and allowed the business to open.

In addition to recovering compensation for their pain and suffering, the family may be able to recover compensation for medical costs, funeral costs, and lost wages. If you or one of your loved ones has suffered any form of injury after a premises liability accident, you should consult an experienced premises liability lawyer to see if you are able to recover compensation.

If you have a premises liability or wrongful death claim in the Southern California area, please contact the Law Offices of Jacoby & Meyers today to schedule a consultation.

The surviving family members of the victims of a truck accident are filing a wrongful death lawsuit in order to recover compensation for the loss of their loved ones. The truck accident occurred in Oklahoma. When the family was waiting at a traffic light, a tractor trailer crashed into the car, setting it on fire and killing a husband, his wife, and two of their children.

The driver of the commercial truck is currently being held on four counts of negligent homicide. The family of the deceased is now suing the trucking company to recover compensation.

Unfortunately, the wrongful death lawsuit has gone through a few different hurdles, the biggest being the differences in wrongful death law from one state to another. The family that was killed in the truck accident was from Missouri, but the accident took place in Oklahoma.

In Oklahoma, only the parents of the deceased are allowed to file a lawsuit to recover economic damages. In Missouri, any immediate family member can file the wrongful death lawsuit. In this case, the remaining children of the husband and wife are attempting to recover the compensation they deserve.

If you or a loved one has a wrongful death claim in the Oklahoma City, Oklahoma area, please contact the Law Offices of Stipe & Belote, LLP today to schedule a free consultation.

In Los Angeles, California, Gregario Diaz was arrested after driving the wrong way down Holly Drive and then getting onto the freeway in the wrong direction. Diaz then crashed head-on into another car, killing the driver and seriously injuring the two passengers in his car.

The two women passengers in Diaz's car have both suffered major head injuries and are now on life support at Huntington Memorial Hospital. Diaz has suffered major leg injuries and has been arrested after being taken to County USC Medical Center.

If you or someone you love has been involved in a motorcycle accident, car accident, or even wrongful death as a result of a drunk driver, an experienced auto accident attorney can help you. Auto accident cases can be difficult to handle alone, but by hiring experienced legal representation, you will have a greater likelihood of recovering damages for your injuries.

After being involved in a drunk driving car accident, your life may be completely different, and you may not be able to work or even live the way you once did. When this happens, you need to recover damages to help you get back on your feet.

If you have an auto accident claim in the Phoenix, Arizona area, please contact the Law Offices of Snyder & Wenner, P.C. today to schedule a consultation.

Wal-Mart reached an agreement with the Nassau County District Attorney in relation to incidents stemming from a stampede at one of their Long Island stores on Black Friday. Last November, shoppers looking to take advantage of early Christmas deals stormed the store, injuring several employees and shoppers in the process. One employee died in the stampede.

As part of the settlement, Wal-Mart avoids criminal prosecution over the death of their employee. It also ends the investigation that has been conducted by the District Attorney's Office since last November.

The agreement requires Wal-Mart to comply with the following provisions:

• Develop a crowd management plan for post-Thanksgiving Day sales events at all 92 stores in the state, which will be approved and monitored by a third party safety team
  
• Establish a $400,000 victim's compensation fund to repay expenses for victims -- expenses covered will include lost or damaged property, lost wages, and medical bills from injuries sustained
  
• Provide a $1.5 million grant to Nassau County social services and nonprofit groups
  
• Set aside 50 jobs to Nassau County teens at the county's five store locations for the next three years
  

Wal-Mart did not have to admit to any wrongdoing as part of the settlement. The District Attorney felt that this was a much better resolution to the case than prosecuting Wal-Mart on criminal charges. By law, a corporation cannot be sentenced to jail. The maximum fine they could have received for the incident was $10,000. By cutting this deal with Wal-Mart, the DA was able to force the company to make sweeping changes to its safety policies that will hopefully benefit all 92 stores in the state.

If Wal-Mart fails to comply with any portion of this agreement in the next three years, the District Attorney's Office has the right to reopen the investigation and resume criminal prosecution.

Injured victims still have the option of not accepting compensation through the established fund and instead filing a premises liability lawsuit against Wal-Mart. However, by opting out of the settlement plan, injured victims risk not receiving any compensation at all. The corporation also still faces a wrongful death lawsuit from the family of the employee who died in the incident.

If you have wrongful death claim in the Long Island or New York City areas, please contact the Law Offices of Silberstein, Awad & Miklos, P.C. today to schedule a consultation.

Recently, an Italian family flew to the United States in hopes that they could receive treatment for their young son, Francesco. Their hometown raised over $100,000 to send Francesco and his family overseas to receive treatment for cerebral palsy, a birth injury that has prevented him from walking and talking properly.

Francesco traveled to South Florida so that he can receive hyperbaric oxygen therapy. During the session, Francesco's grandmother lay in the hyperbaric chamber holding him so that he would feel safe. While they were in the chamber, there was an explosion and flash fire that burned both Francesco and his grandmother. Francesco suffered severe burn injuries over 90% of his body, and his grandmother died in the accident.

Doctors are currently uncertain whether Francesco will survive the accident. He is still in critical condition.

This is the first time there has been a fatal hyperbaric chamber explosion in the United States. Investigators are looking into the cause of the accident.

It is important to consult an experienced wrongful death attorney if you have a loved one who has died due to the negligence of another. You may be entitled to receive compensation for your damages.

If you have a wrongful death claim in the West Palm Beach, Florida area, please contact the Law Offices of Craig Goldenfarb, P.A. today to schedule a consultation.

A Denver pain management doctor currently faces two lawsuits -- one for medical malpractice and the other for wrongful death. In both cases, his errors led to cardiac arrest in the patients. One woman died, while the other suffered brain damage.

Dr. Daniel Brookoff administered trigger point injections of a pain medicine called Marcaine to both patients. The injections caused both women to experience a lack of oxygen to the brain. One woman suffered a heart attack and died. The other had a seizure and a heart attack, but ultimately survived. She suffered permanent injuries, including a brain injury that has affected her memory and multitasking abilities.

The lawsuit claims that Dr. Brookoff did not have the personnel, oxygen, cardiopulmonary resuscitative equipment, or defibrillators necessary to handle either situation. Furthermore, the plaintiffs have argued that Brookoff did not possess the proper pain management accreditation and did not make full use of the facilities at the hospital where he works.

In the medical malpractice suit, the victim is seeking compensation for loss of income, past and future medical expenses, and non-economic damages. It is uncertain how much compensation the deceased woman's widower is seeking in his wrongful death suit.

If you have a medical malpractice or wrongful death claim in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.

This week, a Chicago jury awarded the family of Roger Czapski $13.7 million in a wrongful death lawsuit over his death in a 2004 auto accident.

Czapski was a 22-year-old car salesman at a local Chicago dealership. On August 4, 2004, he was sitting in the passenger seat of a BMW 530i that was being taken for a test drive by a customer. The customer was driving 95 mph, more than double the posted speed limit, on a busy suburban street when the vehicle hit another car.

As a result of the collision, the BMW was catapulted into a light pole, causing the car to explode. The driver and two backseat passengers survived the crash. Czapski did not. The driver was given a ticket for driving 40 mph over the speed limit at the time of the auto accident.

Defense lawyers for the driver of the BMW claimed that Czapski contributed to the negligent actions that led to his death by encouraging the driver to speed and allowing him to drive the car outside of the accepted test drive route. The jury did not feel the same way, and they ruled that the driver's negligent and reckless actions warranted a rather large damage award.

The calculation of damages in a wrongful death lawsuit is very complex. Therefore, it is important to hire an experienced wrongful death attorney to ensure that you receive fair compensation for the loss of your loved one.

If you have a wrongful death claim in the Chicago, Illinois area, please contact the Law Offices of Barry G. Doyle, P.C. today to schedule a consultation.

Miami Children's Hospital has moved children from the Neonatal Intensive Care Unit (NICU) into another section of the hospital in order to cleanse the ward of toxic substances. At least two strands of pseudomonas, a fatal and drug-resistant bacteria, have been discovered in the NICU recently. Two babies have died from exposure to the toxic substance within the past week.

The NICU at Miami Children's Hospital is responsible for treating premature or sick newborn babies. Doctors who had originally planned on sending newborns to the NICU for treatment have been making alternate arrangements as a precautionary measure.

Hospitals have an obligation to maintain a safe environment for their patients. This includes ensuring that hospital wards are sterile and sanitary so that sick patients with already weakened immune systems do not suffer needless harm from exposure to toxic substances. This obligation is especially important in a children's ward or a neonatal area. When a hospital fails to maintain a safe environment for its patients, it is guilty of premises liability and should be held accountable for its negligent actions.

Most likely, Miami Children's hospital will face two premises liability or possibly even wrongful death lawsuits for failing to remove the deadly bacteria before young children became sick and died. When you or a loved one has suffered an illness or injury due to the unsafe conditions at a hospital, you should consult an experienced premises liability attorney immediately to find out if you are eligible to receive compensation for your damages.

If you have a premises liability claim in the Columbus, Ohio area, please contact the Law Offices of Robert W. Kerpsack Co., L.P.A. today to schedule a consultation.

Christopher Chaffey, a 19-year-old volunteer charity worker in England, recently died from a 4.4 pound chest tumor. Despite having repeated opportunities to properly diagnose Chaffey's condition, doctors failed to detect the presence of the tumor until two days before his death.

Chaffey had visited his doctor regularly over a 15 month period, complaining of excessive sweating, hair loss, fainting, chest pain, headaches, and vomiting. Chaffey's mother said that at one point, Chaffey had many veins protruding prominently through his chest. During one visit, blood tests showed evidence of low hemoglobin levels as well.

Despite the many warning signs exhibited by Chaffey, doctors attributed his symptoms to anxiety and told him to "grow up a bit and stop worrying there's something wrong with him."

By the time doctors found the 4.4 pound tumor in Chaffey's chest, it was too late. The tumor affected his heart and lungs, while others had already developed in his neck and skull.

It is shocking that doctors could miss a tumor quite that large, especially given the many symptoms Chaffey had repeatedly complained of. Clearly, this cancer misdiagnosis is a blatant example of medical malpractice.

It is important to consult an experienced medical malpractice attorney when you or a loved one has suffered a serious injury or even wrongful death as a result of a doctor's negligent actions. You may be eligible to receive compensation for your damages.

If you have a medical malpractice claim in the Orlando, Florida area, please contact the Law Offices of Michael Barszcz, M.D., J.D. today to schedule a consultation.

A New Jersey jury awarded the family of Francis Keller $10.2 million in a medical malpractice lawsuit involving his wrongful death after an oral surgery procedure. It is the largest oral surgery malpractice verdict ever awarded in the state of New Jersey.

Keller's oral surgeon, Dr. George Flugard, was found guilty of negligence and medical malpractice in a tooth extraction procedure that led to Keller's death. Keller had an immune system condition which made him ineligible for any type of surgical procedure. Flugard was aware of Keller's condition, yet decided to remove his wisdom teeth anyway.

On the morning following the procedure, Keller's throat swelled and he struggled with his breathing. Shortly thereafter, he suffocated to death. He was 21 years old.

We rely on medical professionals to offer us sound judgment about the risks of potential medical procedures we may opt for. When their recommendations go against sound medical practice, they are acting in a negligent manner and are guilty of medical malpractice. When you sustain a serious injury as a result of this malpractice, you are entitled to receive compensation for your damages. It is important to consult an experienced medical malpractice attorney to ensure that you receive a fair and appropriate settlement.

If you have a medical malpractice claim in the New York metropolitan area, please contact the Law Offices of Silberstein, Awad & Miklos, P.C. today to schedule a consultation.

In the wake of the tragic Flight 3407 plane crash earlier this month in Buffalo, many families are picking up the pieces to shattered lives. Children have lost parents, newly widowed mothers are wondering how they will provide for their families, and family and friends are still trying to get over the shock of unexpectedly losing a loved one. For many of these people, the last thing on their minds is filing a lawsuit.

However, that is likely to change as more details of the plane crash surface, and as widowed spouses start to face the reality of supporting their children on one income. Typically, settlement awards in wrongful death lawsuits related to plane crashes are very high, frequently netting the victims' family members millions of dollars in compensation for their loss. The lawsuits for Flight 3407 are likely to yield similar results.

While this money can never truly compensate people for the loss of their loved one, it can go a long way towards helping them stay financially afloat in the midst of the most catastrophic moment of their lives.

Marcia Sarkin, a Buffalo resident who lost her husband in a 2004 plane crash, received a large settlement in her wrongful death lawsuit against the airlines. Without this settlement, she would have been in serious financial trouble. Her damage award ensured that she would be able to keep her home and send her children to college.

The threat of large wrongful death settlements also forces airlines to continually improve safety standards, which ultimately benefits passengers on future flights.

If you have a wrongful death lawsuit in the West Palm Beach, Florida area, please contact the Law Offices of Ellis, Ged, & Bodden P.A. today to schedule a consultation.

A Continental Airlines commuter plane crashed into a Buffalo home last night, killing all 49 people on the plane and one person in the home. The plane was arriving in Buffalo from Newark, N.J. The plane crash occurred about five miles from the Buffalo airport.

Two others in the house sustained minor injuries. They were treated at a local hospital and have already been released. Two firefighters arriving on the scene also sustained minor injuries.

The plane contained 5,000 pounds of fuel. When it crashed directly through the roof, it exploded instantly, starting a massive fire forcing the evacuation of 12 homes in the area. The flames were intense. Firefighters estimate that they were over 50 feet high. Due to the massive damage and severe fires, investigators will not be able to examine the crash scene until mid-day Friday.

Last night's incident was the first fatal commercial plane crash in over 2 1/2 years. The last fatal crash occurred on Aug. 27, 2006. In that accident, 49 people died on a Comair jet during takeoff from a Lexington, Kentucky airport.

The loved ones of the deceased members of this Continental Airlines flight will most likely be filing a wrongful death lawsuit against the airline. When you or a loved one has been seriously injured or killed in a plane crash, it is important to consult an experienced plane crash attorney who can help you receive proper compensation for your injuries or loss.

If you have been the victim of a plane crash in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.

Stewart Parnell, the owner of Peanut Corp. of America, could have prevented the massive salmonella outbreak that has killed nine people and caused more than 600 others to become very ill. But instead, he just ignored the problem and conducted business as usual.

Internal company emails disclosed this week at the House hearing on the salmonella crisis revealed that Parnell knew his peanut products were contaminated with salmonella. Despite this knowledge, he ordered his plant managers to ship the contaminated product to manufacturers of cookies, ice cream and crackers.

Parnell's rationale for such egregious action was strictly driven by money. Had he been responsible and pulled the contaminated product, his company would have lost a huge amount of money. Apparently, profits are more important to Parnell than lives.

It seems that lab tests have detected the presence of salmonella in Peanut Corp. of America's products since 2006. While most ethical and responsible manufacturers would have initiated a product recall, Parnell's response was, "Turn them loose."

The actions of Stewart Parnell are despicable. As consumers, we trust that the manufacturers of the food products we eat will be responsible and adhere to the highest levels of safety standards. When they violate our trust by knowingly releasing contaminated products that can cause us great harm, they must be held accountable for their actions.

Parnell is most likely looking at several hefty wrongful death lawsuits for his negligent and criminal actions. Hopefully, that will be the least of his concerns. He truly deserves to land in jail for his reprehensible actions.

This tragedy has affected hundreds of people across the country. If you have suffered an illness from consuming a contaminated peanut butter product, you must contact an experienced defective product attorney immediately to ensure that your rights are defended.

If you have a defective product or wrongful death claim in the Washington, D.C. area, please contact the Law Offices of Chaikin, Sherman, Cammarata, & Siegel P.C. today to schedule a consultation.

Invacare Corporation of Ohio, a manufacturer of motorized wheelchairs and hospital beds, has been sued for $8.5 million in a wrongful death and product liability lawsuit.

Karlene Willemsen, a 60-year-old resident of Portland, Oregon, died last year in a fire at her home. The lawsuit alleges that the fire was caused by product defects in Willemsen's wheelchair. Invacare Corporation is the main defendant in the lawsuit, but the family is also seeking compensation from companies that manufacture component parts of the wheelchair as well as companies that sell the product.

The lawsuit claims that Willemsen's wheelchair caught on fire and burned her. She suffered from multiple sclerosis, which inhibited her ability to move. Medical records indicate that she was still alive and fully aware during the fire. She suffered severe burns, physical injuries, and psychological trauma before her death.

This is not the first time that the Ohio-based Invacare Corp. has faced lawsuits over their products. In 2002, the company settled a defective product lawsuit for over $7 million. The case involved another one of their wheelchairs that caught fire and burned an elderly quadriplegic woman. Invacare has also been sued three other times over fatal wheelchair fires. In 2000, the company recalled 200,000 wheelchairs to fix defects in their charging systems.

When companies fail to take the proper steps to ensure that their products are safe for consumers, they may be held liable for injuries caused due to the product defects. It is important to consult with an experienced defective product lawyer if you have been injured due to a product defect. These negligent companies must be held accountable for their actions.

If you have a product liability or wrongful death claim in the Columbus, Ohio area, please contact the Law Offices of Robert W. Kerpsack Co., L.P.A. today to schedule a consultation.

A 69-year-old Japanese man was turned aside by 14 hospitals before finding a one that would treat him after being involved in a motorcycle accident. The man was riding his bicycle at the time of the crash. The driver of the motorcycle sustained injuries as well but was only denied treatment by two hospitals before one agreed to take him. He is expected to make a full recovery.

Unfortunately, the bicyclist did not fare as well. He sustained severe brain injuries and back injuries in the bicycle accident. While at first it appeared that he would pull through, his condition declined while he was waiting to find a hospital that would admit him. He died shortly after arriving at the hospital.

According to medical experts, the man most likely would have survived had he received medical treatment in a more timely manner. The 14 hospitals that refused to admit him claimed that they were not properly equipped to treat him due to a lack of specialists, equipment, beds, and staff.

This is a very common problem in Japan. In 2007, more than 14,000 emergency room patients were denied treatment by at least three hospitals before finally being admitted by one. In one instance, an elderly woman was turned aside 49 times before finding a hospital to treat her.

In the United States, such actions on the part of a hospital would be unacceptable. In the case of the man on his bicycle, the 14 hospitals who failed to admit him would all be liable for medical malpractice and possibly wrongful death.

When delayed treatment by a medical facility causes serious complications that otherwise would not exist with prompt treatment, the hospital must be held liable for their negligence. It is important to consult an experienced medical malpractice attorney to ensure that you receive proper compensation for your damages.

If you have a medical malpractice claim in the Chicago, Illinois area, please contact the Law Offices of Barry G. Doyle, P.C.
today to schedule a consultation.

A 6-year-old boy died at a monster truck show in Washington after pieces of one of the trucks hit the boy. One other person was injured in the truck accident.

During the freestyle competition at the show, parts began flying off of a truck that was doing doughnuts. The debris launched over the safety barrier, landing all over the stands. One of the pieces, weighing between seven and twelve pounds, hit the boy in the head.

Tragically, the monster truck show was allowed to continue. Despite the injuries to the young boy and another man, the show went on as if nothing had happened. Many spectators in the crowd tried throwing cups at the show participants in order to get their attention so that they would stop the show. Others simply left the building with their children to avoid possible injury.

It appears that the incident was caused by a defective vehicle. Several other monster truck shows were held throughout the weekend, but the defective truck was pulled from those shows.

The promoters of the show will most likely face a serious wrongful death lawsuit as a result of the incident.

If you have a wrongful death claim in the Phoenix, Arizona area, please contact the Law Offices of Snyder & Wenner, P.C. today to schedule a consultation.

A Massachusetts jury has awarded the family of Priscilla Jardine $2 million in their wrongful death lawsuit against Dr. Debra Gail Knee, the doctor who delivered her baby in February 2004.

Jardine was given labetalol, a blood pressure medication, during her Caesarean section birth back in 2004. After receiving the drug, the 32-year-old woman's blood pressure reached dangerously low levels, and she eventually went into cardiac arrest. Jardine died shortly thereafter.

The jury found that Dr. Knee was negligent in her decision to give Ms. Jardine the blood pressure medication during the delivery of her baby. Dr. Knee denies all wrongdoing and plans to appeal the verdict.

All too often, doctors and hospital staff are negligent in their treatment of their patients. When this medical malpractice results in the death of a patient, the family of the victim can usually bring a wrongful death claim against the health care professionals to recover damages for their loss. It is important to hire an experienced wrongful death attorney who understands the complexities of these cases.

If you have a wrongful death claim in the New York City area, please contact the Law Offices of Silberstein, Awad, & Miklos, P.C. today to schedule a consultation.

The family of 21-year-old Baron Pikes has filed a wrongful death suit against the central Louisiana town of Winnfield. Pikes was allegedly shocked nine times by a 50,000 volt Taser while handcuffed by police officer Scott Nugent in January. The coroner ruled the death a homicide, and Nugent was fired.

Besides the city officials in Winnfield, who are accused of civil rights violations, and Nugent, Taser Inc. was also named as a defendant in the lawsuit, filed by Latrina Thomas, mother of Pikes' four-year-old son. The federal lawsuit seeks punitive and compensatory fees, plus fees and expenses.

Nugent is appealing his firing, and his lawyer places the blame on the town of Winnfield, claiming in part that Winnfield failed to properly train and supervise its officers. This echoes one of the claims made in Latrina Thomas's suit.

Since the death of Pikes, who was arrested on a charge of selling cocaine, some things about Nugent and the town of Winnfield have come out that seem to make his defense a little more difficult:

• Tasers were used 14 times the first year they were given to Winnfield police to use
  
• 12 of those 14 times, Tasers were used against African-Americans
  
• Ten of those 12 times, the Taser was used by Nugent
  

Another interesting fact: Baron Pikes is the first cousin to Mychal Bell, one of the Jena Six.

If you have lost a loved one due to another's willful or negligent acts, please contact an experienced injury lawyer in your area.

Lincoln, Nebraska, Lancaster County, and six emergency medical technicians were named in a wrongful death suit filed last week. This stems from the asthma-related death of 28-year-old Emy C. Choquette, who died last August.

According to Choquette's mother and attorney, David Domina, Choquette suffered an asthma attack the night of August 10^th. She tried both medication and a nebulizer, but when these didn't lessen her symptoms, she gave herself two injections of another medication while her sister called paramedics. They arrived six minutes later, however, the lawsuit alleges they did not promptly offer medical attention and failed to seek a "meaningful" medical history from Choquette's sister. Choquette could not offer any help as she could not speak. The lawsuit alleges that "Emy slowly asphyxiated before them" and by the time they finally did take action, "it was too late."

Emy Choquette slipped into unconsciousness and died four days later.

According to Nebraska law, the Choquette family can only be compensated one million dollars due to a limit put on damages. Domina is challenging the constitutionality of this and filed a suit under the Political Subdivision Tort Claims Act. This Act not only limits the amount victims or their families can be compensated for, but also allows state and city governments to claim immunity in many cases.

If you have lost a loved one through another party's alleged negligence, please contact an experienced injury lawyer in your area.

Officials in San Francisco have denied the city is responsible for the death of a teenager when he was mauled by an escaped tiger at the city's zoo on Christmas Day, 2007. City Attorney Dennis Herrera said in a letter that the claim filed by Carlos Sousa Jr.'s parents has been referred to the San Francisco Zoological Society and their insurance company. This same type of referral was made by Herrera when Kulbi and Paul Dhaliwal, who were with Sousa when he was killed. Both brothers were also mauled. Matt Dorsey, Herrera's spokesperson, states that Monday's letter is a procedural step which is usually the case when civil litigation is brought against government agencies or entities.

According to California state law, because of the city's denial, the Sousa family now has six months to file a lawsuit. Michael Cardoza, the Sousa family lawyer, said they plan to sue the zoo operators and the city. "The city owns the animals and owns the property. They don't get to abrogate their responsibility by pointing to the zoo. They can fight about who is responsible."

It was reported recently that Tatiana, the Siberian tiger who mauled the three friends, had lost 50 pounds since arriving from the Denver Zoo two years ago. Cardoza alleges Tatiana, as well as other animals at the zoo, were underfed so that they will be ravenous during public feeding times to put on a good show.

If you have lost a loved one and feel that you have a wrongful death claim, please contact an experienced injury lawyer in your area.

Even though 90-year-old Charles K. Gaal's dentist, Dr. Wesley Meyers, dropped a tiny screwdriver down his throat in October of 2006, he insisted on returning to Dr. Meyers for care. This lead to his death following another incident with many similarities.

During the screwdriver folly, Gaal was going to have Meyers perform a dental implant procedure that was to secure his lower dentures. When the mini-screwdriver was dropped down his throat, Gaal swallowed it and wound up needing a colonoscopy to have it removed from his large intestine. Meyers assured the Gaal family this had never happened before and would never happen again. This was good enough for Gaal who returned to Meyers in May, 2007.

The second time, Meyers dropped a mini-wrench down Gaal's throat where it got stuck. Meyers tried to perform the Heimlich maneuver, but was unsuccessful. Gaal aspirated the wrench into his left lung and had to have surgery to remove it. According to the Gaal family lawsuit, Charles never recovered and died nearly two months later. The complaint alleges Meyers was negligent and failed to document both situations in Gaal's medical records. He also did not report these things to the state, something required by law.

As a result, Meyers was fined $17,000 by the state and is barred from doing further implants until he receives more training. Speaking for Meyers, his lawyer states he took adequate precautions to protect Gaal, which included having an assistant and a high-suction tool present. His lawyer also stated that Meyers "deeply regrets" this incident and stresses that this truly was an accident.

Dr. Ted Haeussner, president of the Florida Dental Association, states that these types of accidents involving dental tools are rare. He also says that safeguarding the dental patient through the use of rubber dams or gauze placed in the throat will keep them from swallowing any tools. However, these can't be used on every dental patient. The Gaal family believes more should have been done to protect Charles Gaal, and wants the public to know and possibly learn from this tragedy. They also plan on suing Meyers.

If you or a loved one has been injured by a dentist, please contact an experienced injury lawyer in your area.

Brittany Zimmerman, a 21-year-old UW-Madison student would have graduated in 2009 with a degree in medical microbiology and immunology. She had plans to go on to graduate school after that to study infectious disease. But on April 2, 2008, Brittany Zimmerman was stabbed to death in her apartment. The killer has yet to be found. Hers is the third unsolved murder in Madison in less than a year. While many people wonder who the killer is, and if the three unsolved murders are linked, the Zimmerman family is also struggling to understand how, when Brittany apparently called for help, things got so bungled.

Failure of the System

In the weeks after Brittany's slaying, it was reported that she had called 911 on April 2^nd. However, the 911 operator, Rita Gahagan, on the other end didn't get a response to their questions and hung up on Brittany. Furthermore, Gahagan did not call Brittany back or send police to her address, which is standard protocol. When this first made the news at the beginning of May, County Executive Kathleen Falk acknowledged that "the system didn't work like it should," but refused to concede that mistakes were made, human or otherwise.

Madison Police Chief Noble Wray alleged that there is evidence in the 911 call that should have let Gahagan know something was terribly wrong at Brittany's apartment and should have immediately sent the police. Madison Mayor Dave Cieslewicz stated at the time that he was not going to second guess the 911 Center due to the internal investigation, and believed that county leaders will implement new recommendations.

Though Falk refused to admit anything went wrong, Gahagan was transferred to another Dane County job. Gahagan contends through her union that she did not mishandle the call, which she alleges was nothing more than "faint background noises" lasting about 90 seconds. She also denies hanging up on Brittany.

Four days later, May 6^th, Dane County officials offered apologies to the Zimmerman family and her fiancé, Jordan Gonnering. Gonnering lived in the apartment with Brittany and found her body. Falk also seems to have changed her tune here and sent a letter, in addition to others that were sent. It was also revealed by Dane County Board of Supervisors Chairman Scott McDonell that while 911 procedures and staffing procedures will be reviewed, so will a 2004 audit of the 911 Center that warned of "dire consequences" if changes were not made in funding, oversight, staffing, and other areas.

When the report documenting the handling of the 911 call was released, it was found that it contained edits and redactions, but revealed little, if anything, new.

Lawsuit

As a result of all of this, the Zimmerman family has filed a federal lawsuit against Dane County and Rita Gahagan. The lawsuit alleges negligence on Gahagan's part for hanging up on Brittany and not dispatching police. It also alleges that the county "permitted and tolerated an understaffed and untrained 911 Center." And finally, the lawsuit contends that the acts of the center and Gahagan caused Brittany "extreme emotional distress when she died." The Zimmerman family's lawsuit seeks unspecified damages.

On one hand, people can look at this case and claim the Zimmerman family is looking for scapegoats. Because no one has been caught, they're looking for someone to blame. On the other hand, we expect 911 operators to follow protocol and send help. This may be especially true during hang up calls. What if the person calling for help is not in a position to speak? While people have been known to prank call 911, and kids are curious about those three numbers, there are also cases where those in trouble with access to a phone call the only number they can think of to send immediate help. Even if the Zimmerman family is looking for scapegoats, which seems doubtful when held up against the evidence, perhaps the 911 Center in Dane County, Wisconsin will enforce those problems that first surfaced in a four year old audit.

If you have suffered the loss of a loved one due to perceived negligence, please contact an experienced personal injury lawyer to review your case.

The mother of a seven-week-old baby who died in the Indiana foster care system plans on filing a wrongful death suit naming the Indiana Department of Child Services (DCS) at fault. Randi Linden, mother of Destiny Linden, claims that the infant's death was caused by the improper removal from Linden's home. Destiny died on April 29^th, eight days after being removed from Linden.

Destiny's father, Michael Carter Love, has filed suit against the foster parents, alleging that negligence on their part is to blame for Destiny's death. The foster parents, Everett and Kim Coleman, claim that Destiny was found unconscious in an adult bed. She was kept on life support for five days before she died. Marion County Chief Deputy Coroner Alfarena Ballew believes the death was due to an unsafe sleeping condition, but is withholding cause of death until the results of toxicology and other tests come back.

Adding a further complication to the case, DCS claims that the reason Destiny was taken away from Linden because she failed to protect Destiny by refusing to go to a domestic violence shelter or press charges against Love for an assault he allegedly committed in early April. Attorney Nathaniel Lee is representing Linden and believes if Love had been criminally charged, DCS wouldn't have removed Destiny and she'd still be alive. Love's attorney says Love "vigorously denies the allegations." Love and Linden were not married or even have a relationship at the time of Destiny's death. For its part, DCS is investigating the death, but may have other problems since Destiny was the fourth child to die since November while under DCS supervision.

The Colemans were licensed foster parents in good standing with the state prior to Destiny's death. In his suit against them, Love says they had a duty to care for Destiny and ensure her safety. Because Destiny died in an adult bed instead of being put in a crib, the Colemans breached their responsibility of caregivers. Love is asking for a "fair and reasonable amount" of damages from the Colemans for medical expenses, emotional distress, and the lost of love and companionship of Destiny.

If you have suffered the loss of a loved one due to alleged negligence of another party, please contact an experienced injury lawyer in your area.

After winning 45 wrongful death or injury lawsuits, Taser International, who markets the ubiquitous stun gun, lost a federal case in San Jose, California on Friday, June 6^th. The federal jury found that Taser was responsible for the death of 40-year-old Robert Heston Jr. and awarded his family more than $6 million in damages.

An autopsy showed that Heston died from a combination of meth, an enlarged heart, and from being shocked by a Taser. His family sued Taser International alleging the company did not adequately warn users that the stun gun was dangerous or lethal when used in conjunction with chest compressions and on people under the influence of drugs. Salinas, California police testified during the trial that they were never warned the shocks were dangerous. The verdict gave Heston's family $5.2 million in punitive damages, and $1.021 million in compensatory damages. The six-person jury found that Heston was 85 percent responsible for his death, and Taser 15 percent responsible.

Perhaps inevitably, Taser's executives found this verdict to be a victory for them. A company statement about the case was titled "Jury Finds Extended Taser Device Application 15 Percent Responsible for Arrest Related Death." However, Taser stock dropped nearly 12 percent after the verdict was announced.

This comes at the same time that New York City police commissioner Ray Kelly announced that 520 Tasers would be made available to officers. This may have been helped by a RAND Corporation report stating that, "455 police-involved shootings found 25 cases - including three fatalities - where Tasers might have prevented the gunplay."

Due to the number of occasions where police officers use Tasers on those they feel pose a danger, this will not be the last time Taser International will face a jury. However, as a multimillion dollar company that markets its product not only to law enforcement, but military and citizens, too, it's going to take more than a $6 million verdict to really affect Taser International.

If you or a loved one has been injured by a Taser, please contact an experienced personal injury lawyer in your area.

Over the Memorial Day weekend, the military contractor once tied to Halliburton, KBR, asked a judge to throw out a lawsuit brought by the family of a soldier who died in Iraq when he was electrocuted while showering. Staff Sgt. Ryan Maseth, a 24-year-old stationed with the Green Berets in Baghdad, was killed in January, and an Army investigation found that the electric pump that supplied water to the building was improperly grounded. His death is considered an accident, yet the Maseth family believes since KBR was responsible for supplying the military with things such as showers and food, they are also responsible for Sgt. Maseth's death.

Though Sgt. Maseth's death is tragic, he is one of at least twelve soldiers who have been electrocuted in Iraq. The Maseth family is trying to find out what KBR knew and what - and when - the government knew. Because KBR was attached to Halliburton, there is some suspicion that Dick Cheney, who once led the energy company before becoming vice president, knows what was going on as the US invaded Iraq and began parceling out contracts to their companies the Bush administration favored. Cheney has denied having any contact with Halliburton or KBR since he joined the administration. KBR is also accused of price gouging the military and government even though they deliver questionable service.

The Maseth family may wonder why their son, a highly trained soldier, died in this manner, but they are not alone. Democratic chairman of the House Committee on Oversight and Government Reform, Henry Waxman, asked Defense Secretary Robert Gates to hand over documents relating to the electrical systems managed by the military. Many are concerned about the pattern they see which extends into KBR's management - or lack thereof.

Handing out government contracts to your friends is certainly undemocratic. But what's the word for it when your friends may be responsible for the deaths of at least twelve soldiers whose lives were contingent on your friends' corporations doing their job? And what do you call it when your friends' corporations ask a judge to throw out a lawsuit like this over Memorial Day weekend?

If you have lost a loved one in Iraq who was killed in an accident where negligence may have been a factor, please contact an experienced injury lawyer in your area to see if you have a claim.

A federal judge ruled in March that an illegal immigrant who was being held in custody in San Diego died as a result of denial of medical treatment, and that this was "beyond cruel and unusual punishment." Francisco Castaneda, 36, was placed in immigration custody after serving an eight month prison term in 2005 for possession of methamphetamine with intent to distribute.

While in custody, he began to complain of a growing, painful lesion on his penis. According to government records, during Castaneda's 11 month detention, he was given pills to deal with the pain, but the lesion was never biopsied, though this had been recommended by several doctors. However, one doctor at the Division of Immigration Health Services said the agency thought of the removal of the lesion "an elective outpatient procedure" and would not admit Castaneda. Castaneda was released last year, but died in February of metastatic squamous cell carcinoma.

Squamous Cell Carcinoma

Squamous cell carcinoma (SCC) is one of the most common forms of skin cancer usually affecting sun-exposed skin of middle-aged or elderly people. In geographic areas where there is a high amount of sun exposure, SCC is even more common. While most SCCs can be removed easily by a physician, and is thought of as a minor surgical procedure, larger areas may require radiation therapy and "aggressive surgical management." Those who have a high risk of getting SCC also have a higher chance that it will metastasize and require careful monitoring.

Admission of Fault

Last week, the federal government acknowledged it was at fault for Castaneda's death due to refusing him treatment. His family filed a lawsuit for medical negligence, which the government agrees with. An attorney for the Castaneda family said, "The United States' admission of liability is a recognition that they have no defense…for medical negligence and wrongful death." The maximum damages carried by the claim are $250,000.

Because this country is polarized on illegal immigrants, especially illegal immigrants who are imprisoned for drug dealing or possession, it is easy to forget that they are also people who deserve the right to see a doctor when they are sick. Denying them this basic right does not make us a better, stronger nation. If anything, it shows us as a scared, xenophobic, and uncaring people who would rather see people like Francisco Castaneda die than show them compassion. Even the government admits it was wrong in this case.

If you have lost a loved one due to medical negligence, please contact an injury lawyer with experience in the fields of medical malpractice and wrongful death.

In 1984, the Port Authority's executive director, Peter Goldmark, asked Scotland Yard to assess security at the World Trade Center complex. Scotland Yard's assessment was that they were "appalled" that there was public underground parking at the complex. The following year, Charles Schnabolk, an outside engineering consultant, stated in a report that an attempt to bomb the Towers was not only possible, but probable. His report also stated that the parking lot was highly vulnerable. Later in 1985, the Office of Special Planning, a Port Authority study group, laid out a scenario that was close to the actual 1993 bombing: "a time bomb-laden vehicle could be driven into the WTC and parked in the public parking area."

The Port Authority read all the warnings, may have seen the writing on the wall, and yet chose not to close the parking structure because "banning public parking in the underground lot…would be an unacceptable inconvenience and loss of revenue." The 1993 bombing showed how just inconvenienced the citizens of New York might become.

Verdict

Yesterday, a New York state court of appeals ruled that because the Port Authority chose to ignore a potentially catastrophic scenario, one that was "open and obvious to any terrorist who cared to investigate and exploit it," they were mostly liable for the attack that killed six and injured 1000. While the court found the Port Authority 68 percent liable, and the terrorists who carried out the bombing 32 percent liable. This stems from a 2005 ruling, which the Port Authority appealed, calling the ruling "egregiously incorrect," as well as "bizarre."

The five judge panel said that while the jury found the acts of the terrorists "obviously odious in the extreme," the Port Authority let the bombing happen by contributing to the conditions. The court also said that the Port Authority should have realized the risk, and that the terrorists were able to complete their mission "without meeting a scintilla of resistance." Furthermore, the Port Authority's income at the time of the bombing was around $100 million, and that the net financial loss from closing the parking structure would have been small. Chastising the Port Authority further, the judges said that had they even met the minimal standard of security, as the Port Authority argued was their only obligation, they failed in this respect.

Damages for the survivors and families of those killed in the bombing have not yet been determined. However, out of 575 original lawsuits, only 50 have been resolved. One of the reasons is that, because the federal government did not create a fund to compensate victims, as it did after 9/11, the families of the first bombing have waited 15 years without a damages trial.

This ruling may have some legal ramifications for those families who held out and did not take federal compensation in 2001 for their loss. They have sued the airlines and airport security companies for failing to protect the airplanes from hijackers.

If you have been injured, or lost a loved one in one of the terrorist attacks in this country, please contact an experienced injury lawyer in your area.

A congressional subcommittee allowed the families of victims who died due to tainted heparin to say their piece today. They told stories of family members looking forward to birthday dinners planned for the night of the day they died, and of multiple family members lost for the same reason.

According to Bart Stupak (D-Mich.), chairman of the House Energy and Commerce subcommittee on oversight and investigations, the blood thinner's contamination has led to the deaths of 81 people and another 785 severe allergic reactions. The victims were either heart patients or those receiving dialysis.

In several of the stories, family members relate similar symptoms suffered by those who died: severe diarrhea, abdominal pain, and trouble breathing. The victims then became unconscious and CPR failed to save them. In all cases the family members stated they never thought heparin might be the cause of death. Johanna Marie Staples, whose husband, Dennis, died on his 60^th birthday, may have said it best when she told the subcommittee "we have a false sense of security" in a country where people expect to be safe and protected from contaminated drugs.

Janet Woodcock, the FDA's director at the Center for Drug Evaluation and Research, told the subcommittee that there have been several major changes recently where drugs are made. She used as an example that the agency only received 150 generic drug applications from US makers in 2007 while receiving over 400 from India, and nearly 500 from China. Authorities believe China is the source from which the tainted heparin ingredients came.

Baxter International, the Illinois-based company with a majority stake in the Chinese company that allegedly sold the tainted heparin was also allowed to speak. Company president, Robert L. Parkinson Jr. said the company is concerned that the addition of hypersulfated chondroitin sulfate to heparin may have been deliberately added in a fraudulent manner. He went on to state that, "the complexity of the global drug supply chain creates new and emerging risks that call for new ways of thinking about, identifying and addressing vulnerabilities."

Until companies like Baxter figure out their problems with how globalization is killing innocent Americans, we'll be hearing about these things now and again.

If you or a loved one has had a severe allergic reaction you believe was brought about by tainted heparin, please contact an experienced injury lawyer in your area.

When Boston Scientific bought Guidant Corp. for $27.5 billion, they also bought the company's faulty defibrillators. Now, Patsy Roberts has filed a wrongful death suit against Boston Scientific alleging that a faulty defibrillator was the cause of her husband, Joseph Roberts', death.

Joseph Roberts received an Implantable Carioverter Defibrillator (ICD) in 2000. His ICD was the Medtronic InSync Sentry with Guidant leads. This was two years before Guidant Corp. claims to have discovered there was a flaw in the defibrillators. In 2005, the same year Guidant officially announced a recall of their defibrillators, Roberts was admitted to the hospital to be upgraded with a Vitality 2 biventricular automatic implantable cardioverter-defibrillator. He died two months later.

The same year Roberts received his upgraded ICD is the year 996 defibrillators were manufactured with another defect. This time, it was under Boston Scientific's lead. It wasn't until April 2007 that Mrs. Roberts discovered the Vitality 2 had been recalled for a defect.

The suit alleges a conspiracy between Guidant and Boston Scientific to hide the fact the defibrillators were defective, which "has caused a number of the devices to short circuit and malfunction." The suit also claims Guidant and Boston Scientific are liable due to the theory of "strict products liability and that the products were defectively designed, manufactured and/or marketed." There are a slew of other allegations in the suit including negligence, fraud, breach of warranty, and violation of the Texas Deceptive Trade Practices-Consumer Protection Act.

Damages sought include loss of consortium, society and affection, funeral and burial expenses, grief, as well as damages for pain, suffering and mental anguish Roberts went through before he died.

If you have been injured or lost a loved one due to a defective defibrillator, please contact an experienced injury lawyer in your area to find out if you may file a claim.

The family of a woman hit by a bus as she was crossing the street in Daly City, California has filed a wrongful death suit against the bus driver, as well as the San Mateo County Transit District. In November of last year, 50-year-old Amy Aiwa Leong Chan was crossing inside the crosswalk when she was struck. The police initially said Chan, whose leg was run over, would survive. However, her family alleges she died ten days later due to massive brain damage suffered in the accident. They are suing for burial expenses and punitive damages.

The bus driver, Juan Ignacio Perales, allegedly had a poor driving record, and was unfamiliar with the bus and the route at the time of the accident. The Chan family accuses SamTrans of negligence in his hiring. Perales never faced criminal charges in the case, and the police referred to it as a possible matter of reckless driving only. Prosecutors never pursued an indictment against Perales where the evidence pointed to Perales' inability to see Chan as she was crossing the street. Deputy District Attorney Morley Pitt said, "There was glare on the passenger side window and his line of sight was obscured by a door frame and part of the bus."

Witnesses have given conflicting reports of what happened at the crosswalk. One witness states Chan ran in front of the bus while another witness states she was simply walking. Regardless, the Chan family is still struggling with the fact she was hit while inside the crosswalk.

If you have lost a loved one in an accident involving a county transit vehicle, please contact an experienced injury lawyer in your area.

Though it occurred nearly ten years ago, the mother of Deborah Kirk, Phyllis May, believes Franklin County, Ohio should still be held responsible for her daughter's murder. Records show Kirk called 911 three times before a Franklin Township officer showed up. By that time, Kirk's boyfriend, Marvin T. Moss, was lying on top of her and covering her mouth so she couldn't scream.

The officer knocked, but left when no one answered. The security guard with him, and who had a key to the apartment, did not open the door. Kirk was strangled to death, and her body found inside her bedroom the next day.

Lawsuit

Jurors in Franklin County are now trying to decide if the issue of the dispatchers and technicians lack of communication was "willful, wanton, and reckless." The officer was sent, but the call was classified as low priority. May's lawyers argue that the failure to protect Kirk was "systemwide" by officers of the sheriff's office, and that the officer in question, David Ratliff, violated department policies by only performing a cursory check before leaving. Also held responsible are the dispatchers who spoke with Deborah, but didn't notify the officer that she had been slapped and was screaming at Moss to leave her alone.

Too Little, Too Late

Marvin T. Moss committed suicide in his cell six months after confessing to Kirk's murder. Since then, two of the communication technician's involved in Kirk's frantic calls that day have retired, and a dispatcher has been disciplined. Franklin County began extensive training on how to handle domestic violence calls, and a police cruiser is now sent to all 911 calls. While the county has claimed immunity from civil damages, the judge has ruled the case can go to trial. One wonders if Deborah Kirk would still be alive today had Franklin County had all of this in place before August 13, 1998.

If you have lost a loved one due to another's willful maliciousness, you may have a wrongful death claim. Please contact an experienced injury lawyer in your area to discuss any questions you may have.

When one thinks of mall security, chances are the images that pop into the head range from gangly pimply-faced teenagers, elderly men asleep at the station, or something in between. Whether fair or not, due to the media portrayal, mall security guards get little, if any, respect. Reasons vary, but for the most part, mall security doesn't seem terribly interested in getting involved with trouble at the mall. If there is something going on, mall security is rarely present or walking the other way.

Such is the case brought forth by a Boynton Beach, Florida family. Their son, Berno Charlemond, was gunned down outside a mall in 2006. According to the Charlemond family's lawyer, Ken Metnik, the 24-year-old was jumped and beaten before being shot six times, and at no point did security get involved. "No witnesses even saw a security guard," he says. "Security didn't say stop or go to the police."

Now, due to perceived inaction, The Simon Property Group and Control Security Services are on the receiving end of a $75,000 lawsuit. The family and Metnik cite loss of companionship as part of the suit. The Simon Group disagrees and is confident in mall security. Of course they are.

Gang Shooting?

While the incident is thought to stem from a Haitian-American gang dispute, Charlemond's family vehemently denies Berno was involved in a gang. The shooter, Jesse Cesar, was himself killed several months later outside another Orlando mall.

As with many other places of business in this country, malls are just another example of a place you can be shot in. Whether it's a despondent teen who decides to gun down as many people as he can before committing suicide, or a gang-style shooting, one of the questions which comes up is, where was security to stop the person? Granted, these cases are thankfully few and far between, and just as surprising to mall security as they are to the general public. It's difficult to anticipate when someone is going to pull out a gun. And mall security isn't usually how they are usually perceived. There is a reason they're hired by malls (shoplifting, fighting, et cetera), and if they aren't doing their job, the owners of the mall have every right to terminate the company's contract – or single out the individual who isn't doing their job to be fired. However, if the mall security had the chance to intervene in this case, then obviously the responsibility for Charlemond's death lies at their feet.

If you have lost a loved one and believe their safety was compromised by a business or company's negligence, you may have a wrongful death claim. Please contact an experienced injury lawyer in your area to discuss your situation.

Six families whose loved ones were killed in an off-duty officer's shooting rampage last October have had their claims denied by the Crandon (Wisconsin) City Council. Claims are the first step in filing a wrongful death suit. 20-year-old Tyler Peterson gunned down his ex-girlfriend and five other people in an apartment, and left one young man injured. Peterson then either killed himself, or was killed by a police sniper hours later near some woods north of Crandon.

The claim alleges that the city police department and the Forest County Sheriff's Department were negligent in hiring someone with a violent past. Peterson was a sheriff's deputy and part-time police officer in Crandon. The claim was brought by the family of Jordanne Murray, Peterson's ex-girlfriend, who were seeking more than five million dollars. Named in the claim as defendants are Crandon Police Chief John Dennee and Forest County Sheriff Keith Van Cleve.

The City Council had 12 notices of claims before them, and turned down each one unanimously in a closed session. Other claims were filed in Forest County, but the County has taken no action on them. Corporation Counsel Paul Payant claims that the police department had no evidence or knowledge that Peterson was capable of this level of violence. However, Jordanne Murray's family and friends contend Peterson was controlling and abusive, which lead to the breakup between the two.

If you have lost a loved one due to violence, and you believe their supervisor should have known better than to hire them where they had access to guns, please contact an experienced personal injury lawyer in your area.

The family of a woman who died last year at Sky Harbor International Airport while in police custody has filed $8 million wrongful death claim against the city of Phoenix and the police department. This is the first step taken before a wrongful death suit is filed.

The Arrest

Forty-five year old wife, and mother of three, Carol Gotbaum was traveling from New York to Tucson to enter an alcohol rehabilitation facility when she missed her connecting flight in Phoenix. When gate attendants were unable to seat Gotbaum on another flight, she became angry, allegedly throwing a hand-held PDA, which narrowly missed another person. She stormed off, but police were summoned. Surveillance video shows Gotbaum struggling with officers as they tried to arrest her and then escorting her to a holding cell. The footage shows Gotbaum handcuffed and apparently screaming as she is lead off.

Detainee Privacy and Police Policy

The surveillance video of Gotbaum's arrest is the last footage of her alive. Because there are no cameras placed in holding cells to allegedly respect the privacy of detainees, it is unclear exactly what happened next. Police contend that Gotbaum was placed in a holding cell, searched, and shackled to a bench with her hands still cuffed behind her back while she was still screaming.

It is police policy to check on detainees every fifteen minutes when they are left alone. An initial police report states that sometime in those first fifteen minutes after they left her alone, Gotbaum somehow worked the cuffs to the front of her body and "pulled the chain from the shackle across her neck area" and subsequently choked herself. It is believed she was trying to escape custody. Authorities tried to revive her, but Gotbaum was pronounced dead when firefighters arrived. An autopsy showed that Gotbaum had a blood alcohol content three times Arizona's legal limit, as well as prescription drugs in her system when she died. The medical examiner ruled her death an accidental hanging.

Wrongful Death Claim

The claim Gotbaum's family filed accuses the police of "excessive and unreasonable force" and handling an obviously disturbed person's arrest poorly. It states further that Gotbaum was treated in a manner akin to that of a "dangerous criminal, rather than as [the] sick, intoxicated and vulnerable person she was," and that "she had no weapon and never threatened anyone."

Phoenix city attorneys claim that, not only did police act in a proper manner while restraining Gotbaum, but that, had she not hid her mental and medical condition, something her family has admitted publicly, the results might well have been different. They say police "responded exactly the way her husband knew they would respond because they did not have critical information known only to the Gotbaum family."

While it seems reasonable to want to protect detainee privacy in holding rooms, if nothing more than to have them cool down, having cameras in the room in this case would show definitively just how Carol Gotbaum died. However, the manner in which Gotbaum died is only part of the story here.

Had the police known exactly what Gotbaum's situation was, rather than believing she was just some drunk woman throwing a temper tantrum, maybe they would have handled her differently. The claim states the police failed to follow its own procedures in how they handle disturbed people, but how are these types of people handled? Should the police have checked on her every five minutes? And, had the police treated Gotbaum differently, would she have made it to Tucson to get treatment for her illness that, admittedly, plays a huge role in this story?

If you have lost a loved one and believe their death is the result of someone else's negligence, please contact an experienced injury lawyer in your area.

A young girl who had her part of her lower intestines ripped out by an uncovered pool drain last summer has died. Six-year-old Abigail Taylor was in the wading pool at the Minneapolis Gold Club last June when she sat, or got stuck, over the uncovered drain. Twenty-one feet of her intestine was sucked from her body. The cover was reportedly moved, or had gone missing, when the accident occurred. Due to her injuries, Abigail endured several reconstructive surgeries and transplants that lead to a cancerous condition that ultimately killed her.

Change in Lawsuit

Abigail's family had originally sued the Minneapolis Golf Club and the manufacturer of the pool drain, Devlan, Wisconsin-based Sta-Rite, for personal injury. Since Abigail has died, the suit will likely become one of wrongful death. Experts have said that this will likely bring down the amount the Taylor family can claim in the suit.

The Taylor family's lawyer, Bob Bennett, stated that Sta-Rite "knew their pumps carried the risk of evisceration," but did nothing to eliminate the defect. He referenced three other cases where children were injured by the company's drain covers becoming detached, as well as internal memos stating that warning labels alone were insufficient. Pentair, Inc., which now owns Sta-Rite, has said the lawsuit is without merit and blames the Minneapolis Golf Club for Abigail's injuries.

Medical Bills Piling Up

Because of the nature of Abigail's injuries, the Taylor family incurred an enormous amount of medical bills. She would have required daily medical care for the rest of her life, and the Taylors estimated that it would have cost $30 million to cover those plus living expenses had she lived.

This case covers the fields of product defect and wrongful death now. However, if any good has come out of this tragedy it's that legislation has been passed that bans the manufacture, sale and distribution of pool drains that do not meet required safety standards. Minnesota lawmakers are also considering legislation for new pool safety standards.

If you, or a loved one, have been grievously injured due to a defective product, please contact an experienced injury lawyer in your area.

In 2003, Bill Janklow, a Republican senator from South Dakota, was driving at least 70 mph in a 55 mph zone when he ran a stop sign and hit a motorcyclist. The motorcyclist, Randolph Scott, was killed instantly. Janklow escaped the worst with a broken hand and bleeding on the brain.

The Janklow Trial

At the beginning of Janklow's trial in December of that year, his lawyer argued Janklow suffered from hypoglycemia, had taken an insulin shot, and then hadn't eaten at all the day of the accident. As a result, Janklow was "mixed up" and "confused" when he hit Scott. Prior to Janklow's trial, he was involved in three previous accidents and received 12 tickets for speeding (an action Janklow had been unapologetic for). However, the jury was never informed of this driving record.

In December, 2003, Janklow was convicted of second degree manslaughter. He resigned his Congressional seat a few days after this. As a convicted felon, Janklow's role in Congress would have been limited until a House Ethics Committee investigated the allegations. In January, 2004, Janklow was sentenced to 100 days in jail. He was released the following May.

Lawsuit

Randolph Scott's family filed a $25 million wrongful death lawsuit against Janklow. The court ruled that because Janklow was on "official business" at the time of the accident, he was therefore working for the government at the time and was protected from a lawsuit due to the Federal Tort Claims Act. This essentially means that the federal government will assume liability for things like accidents instead of the individual who may have been involved and was working at the time - no matter how liable that individual is. The Scott family's lawsuit was then turned toward the government in 2006. That same year, the South Dakota Supreme Court reinstated Janklow's license to practice law.

Attorneys are still trying to settle the case. If no settlement is reached by May, the whole thing goes back to trial.

Randolph Scott's family still hasn't seen any of the money they have asked for after the accident in 2003. However, Bill Janklow, a man with a lengthy driving record, doesn't have to worry about paying anything because the federal government sheltered him, which essentially gave Janklow a free pass. Yes, he had to spend a hundred days in jail, and this event ended his political career. But he's a practicing lawyer again. This is a better deal than the one Randolph Scott and his family received.

If you have lost a loved one due to another driver's negligence, please contact an experienced injury lawyer in your area.

In October, 2006, Rosella Beckley was admitted for treatment of a fractured hip at Gateway Regional Medical Center in Madison County, Illinois. After her surgery, she was admitted to the coronary care unit to be placed on a ventilator. According to the wrongful death suit filed by Rosella's husband, Donald, an "improperly manipulated" endotracheal tube changer caused a tracheal bronchial laceration which lead to an anoxic brain injury. This allegedly lead to the death of Beckley.

Because the brain requires a constant flow of oxygen, a disruption can cause a severe injury. While these injuries do not always result in death, the brain is almost never restored to functioning 100% even with treatment.

The complaint states that Beckley's death has caused her family to suffer financial loss and deprived them of the "valuable services" she performed for them. Beckley's husband also claims that funeral and burial expenses have become his responsibility and that Gateway should have to cover them. He is seeking damages of $750,000.

Beckley's Suit Not the Only One Against Gateway

The estate of another family recently filed a wrongful death complaint against the hospital, alleging that in March of 2006 Jill Joshu "was caused to suffer severe injuries and degradation of her health that ultimately lead to her death." The suit further claims that Gateway doctors and medical professionals were negligent in almost every aspect of Joshu's care on the day she died. Health care professionals were not notified of lab results, the physician wasn't notified that she had ceased urinating, and she was given a medication for hypertension called Captopril and potassium while hyperkalemic (elevated potassium levels in the blood).

If you have suffered an injury or lost a loved one due to a hospital's error or negligence, please contact an injury lawyer with experience in the field of medical malpractice or wrongful death in your area.

The family of 19-year-old Demetrus Vinson is suing the Akron police for $10 million citing wrongful death and violation of civil rights. Vinson was killed last March after police pulled his car over. Police officers, Michael Orrand and Michael Koubek, allegedly saw Vinson's car leave a known drug house around 2:00 a.m. and followed him to his grandmother's home.

The lawsuit alleges Vinson was shot three times "without warning or justification" by Koubek. The police state that as the officers approached Vinson's car with flashlights in hand, Vinson rolled up his tinted windows and refused to leave the car. The report then states Vinson pointed a gun at Orrand. In response, Koubek pulled his gun and shot at Vinson. The officers retreated and heard one shot fired from inside Vinson's car.

A Single Shot

While there is no question that Koubek shot at Vinson, the single shot fired from inside the car lacks clarity. A .45-caliber handgun was recovered from Vinson's car, which the police claim Vinson used to shoot himself in the head. Just after the shooting, the police took responsibility for Vinson's death, but the autopsy performed two days later led to the claim of suicide. Vinson's 15-year-old passenger, Chance Baker, initially backed the authorities' story of suicide, but has since recanted this version of what happened that night.

Back to the Lawsuit

The parents of Demetrus, Horace L. Vinson and Beverly A. Wallace, filed the lawsuit last Friday in U.S. District Court. The suit alleges that because Vinson's car was moved with his body still inside before investigators could do their job, evidence was destroyed. In addition to the wrongful death and violation of civil rights, the suit asks for compensatory damages, as well as punitive damages and attorney costs.

We blogged earlier this month about a case in Pennsylvania that is somewhat similar to this one. Police shot and killed a boy, and the family filed a lawsuit. Sadly, these two examples are not the only cases like this to have entered the media cycle. Just as with Michael Ellerbe in Pennsylvania, Demetrus Vinson's death unleashed protests and brought forth an independent investigation. Besides the obvious differences in these two cases - time, place, age, situation - what remains the same are family grief, community outrage, and the back and forth of contradictory reports.

Finally, the question of money and how it relates to these issues will always be contested. Until we can find another way to assuage feelings of injustice and families believing the police are hiding facts, as well as authorities being on the defensive every time an officer uses his or her gun (and the center of possible lawsuits), we can expect to hear about more situations like this.

If you feel you may have a wrongful death case, please contact an experienced injury lawyer in your area.