Northern California Accident Attorney Blog

LOUISVILLE, KY - The Courier-Journal reported this week that a lawsuit has been filed against Medtronic and Norton Hospital in Kentucky, after a Louisville woman was reportedly permanently disabled from a bone graft procedure in 2006. According to the newspaper report, plaintiff Crystal Stevens suffered "substantial nerve damage" and must recline or lie flat most of the time. The lawsuit states that in this particular case, Medtronic's bone graft was used "off label" and resulted in debilitating, painful, and uncontrolled bone growth, compressing spinal nerves.

The lawsuit states that medical device manufacturer Medtronic downplayed the risks of complications and serious side effects related to the bone graft, especially when used off-label. The suit also alleges that Medtronic "actively and illegally" promoted off-label uses. Medical device companies by law are not allowed to promote off-label uses or procedures, and physicians are required to inform patients of the off-label nature of a surgery and get their permission.

If you have suffered complications from an Infuse bone graft procedure, the Medtronic bone graft lawyers at Estey Bomberger are available to answer your questions and advise you of your legal rights. Damages obtained in a personal injury claim will vary, and may include compensation for medical expenses, lost earnings, pain and suffering, and other damages. Our experienced dangerous product attorneys are currently reviewing claims nationwide. Contact us today for more information and a free consultation.

Continue reading "Lawsuit Filed Against Infuse Bone Graft Manufacturer " »

KING COUNTY, WASHINGTON - The family of a man killed by a suspected drunk driver last year has filed a lawsuit against the state Department of Corrections, the city of Federal Way, and the woman behind the wheel of the car. The victim, Douglas Simmons, III, of Fife, was killed during a police pursuit. Police were pursuing Virginia Ramsey on July 26, 2010, when the accident occurred. According to the Seattle Post-Intelligencer, the lawsuit alleges the city of Federal Way should have known they were in pursuit of a reckless and dangerous driver who was likely to put the public at danger. Ramsey ran a red light at Porter Way and Milton and struck Simmons car, instantly killing him. Both Ramsey and Simmons' passenger were critically injured. Ramsey pleaded guilty to second-degree murder, vehicular assault, and attempting to elude a police vehicle, and was sentenced to more than 24 years in prison.

Continue reading "Accident Victim's Estate Files Wrongful Death Suit Following Fatal Collision " »

CONTRA COSTA COUNTY - In personal injury news, the Contra Costa Times reported a jury has ordered Contra Costa County to pay $11.7 million in damages to the family of William Tindall, 56, of Clayton, who died in an August 20, 2008 crash on Marsh Creek Road in Brentwood. Tindall's accident was one of 15 serious collisions that occurred on the road during the County's resurfacing project.

According to the Contra Costa Times, Tindall had been on his way to work when he stopped to help an Army reservist whose vehicle had overturned on a curve that was covered with gravel. After he exited his vehicle, he was struck by an out-of-control vehicle. Evidence was presented at trial that many vehicles lost control during the resurfacing work, causing a number of collisions. The county allegedly had erected 25 mph speed limit signs, but had failed to cover up the more prominent permanent speed limit signs, as per state guidelines. The county also kept excess gravel in the roadway in lieu of industry standards of sweeping it at the end of the day.

According to the story in the Contra Costa Times, during the month long trial, a county employee testified that following Tindall's death, sweeping excess gravel and covering speed limit signs became a standard practice during its resurfacing projects. The award included $1.5 million in economic damages and $10.2 million in emotional pain and suffering for Tindall's widow and daughter.

For more information about hazardous roadways and dangerous road conditions and government liability following a car accident, contact the California personal injury lawyers at Estey Bomberger for a free consultation.

Continue reading "Contra Costa County to Pay $11.7 Million to Crash Victim's Family " »

Sales of Skechers Shape-Ups toning shoes, one of the latest trends in the fitness industry, have declined sharply this year. According to one estimate, Americans purchased nearly 10 million pairs of the shoes last year. However last week, Manhattan Beach, CA based Skechers reported the company lost $29.9 million in the second quarter, compared to a $40.2 million profit during the same time last year.

As more and more people are reporting injuries from the Skechers Shape-ups, Skechers currently is working to roll out a brand new line of lighter-weight, athletically styled Shape-ups and Tone-ups with smaller soles; those shoes were renamed "fitness" rather than "toning."

Northern California personal injury lawyers at Estey Bomberger are currently representing several dozen individuals who have suffered serious bone, muscle and tendon injuries while wearing the popular rocker bottom toning shoes. If you have been injured and would like to know more about your legal rights, contact the California Skechers Shape-Ups injury lawyers at Estey Bomberger for a free consultation.

Continue reading "Toning Shoe Sales Fall, Injury Claims On The Rise " »

SOLANO COUNTY - In personal injury news, the San Francisco Chronicle reported a jury in Solano County has awarded $29.2 million to victims of a head-on collision on Highway 12. The jury found that the state department of transportation (Caltrans) was responsible for the dangerous conditions on the hilly roadway.

However, jurors assigned the majority of the blame to San Francisco resident Nicola Bucci, who crossed his SUV across the center line and into an oncoming vehicle. Bucci was travelling an estimated 65 to 80 mph when he struck a Toyota at the top of a hill in November 2006, killing 12-year-old Demari Hutchinson and 7-year-old Immanuel Collison. Immanuel's mother was hospitalized for more than two months with major injuries. His brother was paralyzed from the waist down.

Bucci, according to the Chronicle, had previously been convicted of manslaughter for killing two people in 1994 in a head-on on crash in which he fell asleep at the wheel. He was convicted of second-degree murder following the 2006 crash on Highway 12.

According to the lawsuit, Caltrans had determined in the late 199's that the hills limited drivers' line of sight. Improvements were proposed, such as paved shoulders on each side of the road, but no action was ever taken. After another fatal collision in 2007, Caltrans installed a median barrier on part of the highway, but about 12 miles were still unprotected.

Continue reading "Solano County Jury Awards $29.2 Million to Accident Victims " »

Skechers Shape-ups and other similar toning shoes, boots and sandals promise consumers great benefits like weight loss, better posture, and more energy. However, it is becoming increasingly evident that wearing toning shoes increases consumers' risk of sustaining a serious injury in a fall, or a stress fracture from repeated wear. Many people have reported suffering serious injuries as a result of wearing shoes, including many injuries that have required hospitalization or surgery.

The northern California Skechers Shape-ups injury attorneys at Estey Bomberger are currently screening personal injury claims for toning shoe injuries, including ankle fractures, knee fractures, and other serious injuries. If you have suffered a stress fracture or fall related injury from wearing Skechers Shape-ups or another toning shoe, our defective product lawyers would like to speak with you about your injuries. You may be entitled to compensation in a personal injury claim, including medical expenses, reimbursement for lost earnings, as well as compensation for pain and suffering.

At Estey Bomberger, our northern California defective product lawyers have more than 70 years of experience representing consumers injured by defective products. We are serious about helping our clients obtain the full and fair compensation they deserve for their injuries. Call us today at (800)406-3563. Be sure to keep the shoes, and if you have it, the receipt and any instructions and packaging that accompanied the shoes. Your toning shoes will be important evidence in your claim.

Estey Bomberger is screening claims for serious injuries resulting from all types of toning shoes, boots and sandals, including Reebok EasyTone shoes, Skechers Shape-ups, Crocs Tone Shoes, New Balance True Balance Toning Shoes, AVIA Avi-Motion Toning Shoes, MBT Sport Walkers, Chung Shi Balance Step Shoes, Easy Spirit Anti-Gravity Shoes, Puma Body Train Shoes, RYKÄ Reform Shoes, Finn Comfort toning shoes, Dr. Scholls toning shoes, Earth Exer-Fit shoes, Z7 Atonement shoes, Finn Comfort sandals, and Trim Treads. Call us today to discuss your legal rights.

Continue reading "Skechers Shape-ups Toning Shoes Personal Injury Lawsuit Information" »

In DUI accident news, the mother of Veronica Rojas, a teenager killed in a DUI crash in June, has filed a lawsuit against the 20-year-old man who she says is responsible for the collision, according to the Chicago Breaking News Center. The DUI accident occurred on June 28, 2010, in the 700 block of Sheridan Road in Wilmette. In the wrongful death lawsuit filed last week, Rojas' mother, Deborah Echevarria, stated that the driver of the vehicle her daughter was riding in was under the influence of alcohol when he crashed the vehicle. Rojas and her best friend, Natalie Stygar, were both killed when the driver, Szymon Zawadzki, 20, sped off the road and broadsided a tree.

In addition to reckless homicide and felony driving under the influence, Zawadzki was charged with aggravated DUI resulting in great bodily harm, improper lane use, failure to reduce speed to avoid an accident and driving without insurance. He was placed in Cook County jail in lieu of $2 million bail after the fatal crash. The DUI passenger wrongful death suit filed by Echevarria seeks unspecified damages.

Continue reading "Lawsuit Filed in Fatal Chicago DUI Crash in June" »

In personal injury news, Verizon Communications has reportedly agreed to pay a $7 million wrongful death settlement to the family of a 49-year-old man killed in a head-on collision on the morning of September 23, 2009 in Santa Barbara. The crash occurred when a Verizon employee drove his Verizon work truck southbound in the northbound lanes of Highway 101 for a total of eight miles, before colliding head-on with a minivan driven by Joe Vega, who died in the crash.

The Verizon employee, Mark Selander, was reportedly suffering from a diabetic reaction when the collision occurred, which involved a total of six vehicles. Selander only suffered minor injuries.

According to the Santa Barbara Independent, the $7 million amount will be split among five family members with Vega's widow receiving $4 million and his children and grandchildren collecting either $1 million or $500,000 each. According to the attorney for the victim's family, the Verizon employee reportedly had prior diabetic reaction incidents that were not properly addressed, and Verizon reportedly had knowledge of his health situation but did not do anything about it.

Continue reading "Verizon to Pay $7 Million Settlement to Family of Man Killed by Wrong-Way Driver " »

In nursing home neglect lawsuit news, last month a jury in Sacramento awarded $29.1 Million in damages (including $28 million in punitive damages) against a California nursing home. According to court documents, Frances Tanner, 79, moved into Colonial Healthcare, a nursing home in Auburn, in March 2005. She fell and broke her hip at the facility on September 1, 2005. On September 10, she was sent to the emergency room as Kaiser Hospital in Roseville. Doctors diagnosed a hip fracture on September 18th and discovered a bed sore. Tanner underwent a left hip hemiarthroplasty for the fracture. She died from the bed sore on October 7, 2005.

On behalf of her mother's estate as well as individually, Tanner's daughter sued Colonial Healthcare Inc., and parent company Horizon West Inc., alleging nursing home neglect and elder abuse pursuant to California's Elder Abuse and Dependent Adult Civil Protection Act, and wrongful death. Tanner's daughter alleged that Colonial Healthcare failed to prevent her mother's fatal bed sore and delayed in assessing and obtaining treatment for her hip fracture. These failures, allegedly, were the consequences of the nursing home's corporate culture of putting monetary profits over patient care, and severely understaffing the nursing home.

The defense asserted that the nursing home staff members acted reasonably, and that the bed sore occurred at the hospital, after she left the nursing home. However, plaintiff's counsel argued that its appearance at the hospital suggested it was several days old. The jury awarded the plaintiff $29.1 million in damages.

Continue reading "Sacramento Jury awards $29.1 Million for Fatal Bed Sore at Auburn Nursing Home " »

After receiving reports of two asphyxiation deaths, yesterday the U.S. Consumer Product Safety Commission (CPSC), in cooperation with Family Dollar Stores Inc., of Charlotte, N.C., announced the recall of 1.8 million "Auto Fire" toy dart gun sets due to a potentially deadly choking hazard. According to the CPSC, if a child places the soft, pliable plastic toy dart in his/her mouth, the toy can be inhaled into the throat and prevent the child from breathing. The two deaths reported involved a 9-year-old boy in Chicago, Illinois, and a 10-year-old boy in Milwaukee, Wisconsin.

The "Auto Fire" toy target set is sold with either an orange and yellow toy gun (item #P238) or a blue and yellow toy gun (item #9328), eight orange darts and a small target with numbers from 1 to 20. The gun's item number is located on one side of the handle in raised lettering. The soft plastic darts measure slightly more than one inch in length and have a small suction cup at one end with a diameter of about ½ inch. The target is black, yellow, red and green, and measures five inches in diameter. "Gordy Toy" for "Ages 8+" is printed on the packaging.

The toy sets, which were made in China, were sold exclusively at Family Dollar stores nationwide from September 2005 through January 2009 for about $1.50. The CPSC advises parents that they should immediately take the toy target sets from children and discard them.

Wrongful Death Lawsuit Pending

Business Week reported yesterday that a wrongful death lawsuit was filed last year by the family of the 9-year-old Chicago boy who died as a result of chocking on the toy darts. The defective product lawsuit, against importer Henry Gordy International Inc. of Plainfield, New Jersey, and Family Dollar Stores Inc., alleged the toys were "defective and dangerous," and that that Gordy knew the Auto Fire Target Set could pose a choking hazard prior to the boy's death in 2007.

Continue reading "1.8 Million Dollar Store Toy Darts Recalled after Two Choking Deaths Reported" »

In personal injury news, a man who was seriously injured in a 2003 car accident in Stockton was awarded a $2.1 million verdict against the employer of the driver who caused the rear-end crash, Lawyers and Settlements reported last week. James M. Lang, who was 39 at the time of the accident, seven years ago, claimed at trial that his injuries resulted in the end of his marriage with his wife.

Geweke Motors, the employer of the driver that struck Lang, admitted liability fro the crash. At trial, Lang alleged he suffered bulging discs and a protrusion along his cervical spine. He claimed his condition became debilitating with muscle twitching, bilateral hip pain, spasms and sciatica in both legs, insomnia and appetite loss. A San Joaquin County jury awarded Lang $2,175,030.

Continue reading "San Joaquin County Jury Awards $2.1 Million to 2003 Car Accident Victim " »