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Children’s Hospital Slapped with Lawsuit Over Physical & Sexual Abuse

 Child Abuse  Comments Off on Children’s Hospital Slapped with Lawsuit Over Physical & Sexual Abuse
Nov 062020
 

Cumberland Children's Hospital

The Cumberland Children’s Hospital in New Kent, Virginia is at the forefront of a $127 million lawsuit taking place. The lawsuit is built around 20 former patients, and their families, who have come forward alleging sexual and physical abuse. The claim was filed by Breit Cantor Grana Buckner, a personal injury law firm at Richmond’s Circuit Court.

The hospital is a residential treatment center for people aged 2-22 with medical and behavioural diagnoses such as chronic illness and brain injuries. The suit itself accuses the hospital, its Medical Director Daniel Davidow, and Hospital Psychotherapist Herschel Harden, of assault, battery, negligence, false imprisonment, fraud, and reckless disregard. Also, there has been accusations made of violations of state-mandated child protection rights.

The firm is seeking some $127 million in compensation and punitive damage costs, covering bodily injuries, disfigurement, and mental anguish – as well as the coverage of los earnings and medical expenses for those impacted. The attorney for the case, Kevin Biniazan, said: “These defendants can never undo the harm they’ve caused to our clients, but this lawsuit seeks accountability and financial recovery that we hope will, in some way, make up for what they’ve suffered,”

So far, 20 patients are involved in the case against the hospital and claim to have experienced sexual abuse and physical abuse from a combination of staff, physicians, and other residents within the hospital. Some 12 of the 20 alleged victims claim to have been non-consensually touched. Employees and patients are also accused of physically assaulting other individuals, resulting in long-term physical and mental anguish.

Other roommates and patients are alleged to have sexually abused the younger and weaker individuals after hours, entering the rooms of victims without staff input or intervention. Even when calling for support, staff would not respond to the calls, it is claimed. Other claims include a patient being scaled with hot water, being locked in rooms without access to a bathroom, and sexual abuse towards patients aged 12-years-old and above, abusing them by touching them in an inappropriate manner.

The lawsuit also goes on to accuse the hospital and its ownership, Universal Health Services, of fraud. The fraud was committed, according to the complaint, by keeping patients at the hospital beyond the necessary timeframe needed for recovery in a bid to maximise revenue. They also are accused of ignoring reports from patients, staff, and family members, of ongoing abuse. Other accusations also include that they misled parents in a bid to keep children in their custody.

This is not the first investigation into the hospital, either; a 2017 investigation, still ongoing, was opened relating to child abuse and neglect. The psychotherapist who worked for the hospital, Herschel Harden, was also charged with two felony counts of object sexual penetration by a grand jury in King William County.

In a bid to ‘maximise profits and reduce costs’, the hospital is also accused of lacking the required staff numbers needed.  More to come as the case progresses. More information regarding a jury trial is believed to be available by mid-November.

 

Citation

https://www.dailypress.com/tidewater-review/va-tr-nk-cumberland-hospital-lawsuit-1020-20201020-nyccunzq35br3porxl2g6p56lq-story.html

 

 Posted by at 3:47 pm

Jury Awards $10.8M in a Brain Injury Case

 Medical Malpractice  Comments Off on Jury Awards $10.8M in a Brain Injury Case
Oct 112020
 

Brain Injury from Medical Malpractice

In a rather unfortunate incident in Pennsylvania, a 45-year old Tyrone man named Christopher Carey Miller encountered serious brain damage after getting an MRI done in 2016 from a Tyrone hospital. However, a Blair County jury came to his rescue and awarded him $10.83 million.

According to the verdict that was ruled unanimously in the favor of Miller, the majority of the sum, that is, $6.21 million, will be reserved for his future medical treatments and recurrent supervisions that are to take place over the next 30 years. The remaining amount was delegated to make up for all the expenses that Miller himself paid for owing to his loss and suffering.

Understandably, the victim’s family finally had something to be hopeful about after all these years of agony. Brendan Lupetin, a Pittsburgh attorney representing Miller admitted that Chris’s father was so overwhelmed with the decision that he could hardly say anything or express himself. Later, Timothy Miller admitted that this verdict was like an end to his son’s continuing trauma and concerns.

This monetary award and verdict, which also happens to be one of the most historical ones in Blair county to date, was a closure to a case that started with Chris Miller visiting Tyrone hospital on the 4th of October, 2016, complaining of back pain. He wanted to get an MRI done and during the procedure, he developed an allergic reaction to gadolinium. For the unversed, gadolinium is s substance used while conducting an MRI to produce better contrast in the images. As a consequence of the allergic reaction, Miller underwent a severe cardiac arrest leading to brain damage that reduced his mental acuity to that of a child.

Michael Sosnowski did his best to sway the decision for the benefit of Tyrone Hospital. He claimed that after learning about Miller’s allergic reaction, the hospital personnel immediately decided to provide medical care that would improve his condition. When numerous witnesses were summoned to describe how the hospital responded to this crisis, all of them admitted that the latter neither had an alarm or emergency box in the MRI room to ease Miller’s difficulties.

The MRI technologist, supervising radiologist, and the emergency room medical director accepted that all of them had to step in the MRI room to activate the alarm and get additional assistance with the case. One thing that was clear from the witnesses’ testimony was that the MRI room did not have the required resources like the emergency drug epinephrine, which is an anti-allergy medication given to the patient when he suffers from an allergic reaction.

Although Sosnowski tried to convince the jury during his closing that the doctors did not want to administer a drug like epinephrine without a second opinion, Lupetin made it clear that the medical personnel only wasted precious time. The jury declared that the Tyrone hospital was responsible for 75% of the negligence in this event of medical malpractice and the rest 25% was assigned to Dr. Kelly Biggs, the supervising radiologist.

 

Citation

https://www.altoonamirror.com/news/local-news/2020/08/jury-awards-10-83m-in-tyrone-hospital-case/

 

 Posted by at 9:35 am

Don Holt Bridge Wrongful Death Suit Filed

 Wrongful Death  Comments Off on Don Holt Bridge Wrongful Death Suit Filed
Sep 042020
 

Tow Truck

On July 1st, a fatal crash took place on the Don Holt Bridge that saw the death of Will Ellis, a tow truck driver. The driver was killed in the crash and this has led to the filing of a wrongful death suit against two drivers, as well as the South Carolina Department of Transportation. The two drivers were named as Dale Phillips II and Peter Katzburg, hailing from Tennessee and Charleston respectively. Also seriously injured in the crash was Charleston County Sherriff Deputy Mike Costanzo.

The lawsuit has been put forward with the allegation that Katzburg’s vehicle was disabled on the right-hand shoulder of the Don Holt Bridge. Ellis pulled in behind in a red rollback tow truck, with warnings lights engaged. Costanzo then pulled in behind the tow truck shortly after, with his blue lights activated to indicate the need for assistance.

The court documentation alleges that Phillips, who was driving a Ford F-350, was towing a trailer on the right-hand lane when the truck slammed into the back of the police vehicle. This pushed it into both the officer and Ellis – the impact caused both men injury, but it also caused Ellis to fall over a short concrete wall. He fell over the bridge and lost his life both as a result of the collision injury and the impact of hitting the water.

The lawsuit claims that Katzburg was negligent and failed to exercise due care. It also claims that Phillips was negligent, failed to keep proper lookout, and was driving distracted.  Katzburg was alleged to also be following too closely and thus would have violated the Motor Vehicle Act of the state. The suit also claims that he failed to comply with law in that significant speed reductions and lane changes to the land that isn’t adjacent to an emergency vehicle.

Overall, the suit states that the South Carolina Department of Transport is also negligent by “failing to engineer a forgiving quality to the shoulder of the roadway, failing to engineer signage to warn approaching traffic of stopped cars on the crest of the bridge, failing to engineer a side wall tall enough or with railings to prevent inadvertent or disabled pedestrians from falling over the side, and failing to engineer a fence or net to allow forgiveness to the inevitable and foreseeable circumstance of pedestrians who are forced over the short concrete side wall.”

The suit looks to seek actual, general, and punitive damages and is seeking a jury trial.

 

Citation

https://www.live5news.com/2020/08/13/wrongful-death-lawsuit-filed-july-don-holt-crash/

 

 Posted by at 10:54 am

Mom Struck with Rubber Bullet While Driving Sues Police

 Police Misconduct  Comments Off on Mom Struck with Rubber Bullet While Driving Sues Police
Aug 062020
 

Rubber Bullet

Look around America today, and you see a nation that is not at ease with itself. Mass protests are commonplace across the country as Americans fight back against long-term injustice, economic uncertainty, and general hardship. However, one issue that has become a major talking point is the police response to protests and other forms of civil disobedience. Sometimes, the response can be too intense and it can lead to collateral damage.

For example, sometimes even those not taking part in the protest can become victims of collateral damage. Driving to Target to buy a present for her son, Yasmine Morales was not involved in the 30th May protests. Morales, 26, has filed a suit of $10m against the City of Los Angeles. This comes after she was shot in the face with a rubber bullet whilst sitting in her car near the demonstrations that were taking place.

Having simply been driving through and near The Grove shopping centre in the city, her attorney said that she was heading to Target to buy a present for her son. As she was driving, she had to stop at an intersection due to the protest. It was this point that Morales alleges that an officer intentionally took aim and fired at her. The officer, who was unidentified but was in a marked patrol car, fired a rubber bullet through the open car window. Morales was hit in the forehead, and suffered damage.

Her lawyer, Neama Rahmani, said that the officer “took deliberate aim” and that there was “no defense for that brutality.”

Rahmani says that her client may have suffered from long-term, or even permanent, injury. Rahmani continued, saying: “Traumatic brain injury, dizziness, she’s unable to walk without the assistance of a walker, so it’s been pretty difficult for Ms. Morales,” Rahmani told local station KCAL 9. “She’s a single mom just trying to make it just like the rest of us and obviously this has dramatically altered the course of her life.”

Footage is being investigated by the LAPD, and a request has been made for all body camera footage from officers to be turned over for checking.

 

Citation

https://people.com/crime/calif-mom-struck-by-police-foam-bullet-while-driving-near-protests-has-brain-injury-lawsuit/

 

 Posted by at 2:53 pm

Portland Protesters File Lawsuit Against Police for Excessive Force

 Police Misconduct  Comments Off on Portland Protesters File Lawsuit Against Police for Excessive Force
Jul 142020
 

Excessive Force

All across America at present, there is a clamour for change in how policing is both utilised and evaluated in the country. Excessive force and needless violence have become a primary talking point across the country, with various states even going as far as to look at ways to defund their police forces and divert the resources to other industries. Indeed, the time for people and protestors putting up with excessive force looks to be over. Earlier in June, a group of five protestors in Portland filed lawsuits against the city.

The argument is that in numerous cases since late May, all five of those pushing the case have been attacked with by police using what was described as “military-style weapons” while they engaged in peaceful protest/ The civil lawsuits have been placed with the Multnomah County Circuit Court, and alleges battery and seeks damages of $950,000 in compensation.

Each plaintiff is also requesting that the judge place an injunction on police being able to use projective launching weaponry. The attorney representing the protestors, Michael Fuller, said: “These lawsuits are not anti-police. It’s against police brutality against unarmed protesters. That is the narrow scope of what we’re trying to accomplish. I don’t want it to be seen as we’re promoting looting or rioting and we’re not anti-police. We just want — you know, people have a right to go out there and peacefully protest.”

Protests have sparked across the country and across Oregon after the death of George Floyd, a Minneapolis citizen who was killed by a white police officer. Having had his neck kneeled on for close to nine minutes, Floyd was recorded as shouting “I can’t breathe.”

This led to continual protesting across the country, and it has seen a violent response in some quarters from law enforcement. Tear gas was used on protestors, something that Portland Mayor Ted Wheeler had called “ugly” and spoke about potentially pushing for a ban on the gas. The month of June has also seen Portland’s Police Chief, Jami Resch, step down amid the protests.

The individuals pushing for the case including Mason Lake, a photographer who was documenting the protest, as well as Brandon Farley, Daniel Michaels, and Julia Leggett. More to come as the case continues and a decision is made.

Each individual involved stated that at no stage did they show aggression towards law enforcement or anyone else involved in the protests.

 

Citation

https://www.opb.org/news/article/portland-protesters-lawsuits-police-brutality/

 

 

 Posted by at 11:27 am

Woman Sues Chicago Cubs for Foul Ball

 Negligence  Comments Off on Woman Sues Chicago Cubs for Foul Ball
Jun 042020
 

Chicago Cubs

For years, one of the many appeals of going to a Major League Baseball game has been the chance to make a catch of your own. All it takes is the right moment and a little bit of luck, and you could catch that ball right out of the air. However, for one 28-year-old woman, the dream of catching the ball wasn’t one she shared. So, when Laiah Zuniga was hit by a ball at Wrigley Field almost two years ago, the damage was significant.

Zuniga was six rows up from the field when a foul ball was hit, striking her in the face when she was chatting with a friend. This took place on the fifth inning of a match between the New York Mets and the Chicago Cubs. The individual suffered permanent damage to her eyesight, as well as damage to her sense of smell, taste, and also the condition of her teeth and nose. The injury also resulted in what is known as a spider fracture which extends down the face of Zuniga.

Speaking about the incident, Zuniga said: “My friend and I were sitting along the third baseline, eating food, when a foul ball hit me in the face in the fifth inning. The ball knocked me unconscious.  And when I awoke, my beef sandwich was the only thing I had to catch the waterfall of blood running down my face.”

The force of the hit was such that her teeth were actively detached from the nerves, meaning that she lost several teeth even after undergoing significant dental work. Representing Zuniga is Clifford Law Offices, who said in the claim: “Major League Baseball and the Cubs were aware that severe injuries from foul balls could happen to its fans sitting in rows near the field because it had happened many times before,” her attorney, Trace Brammeier, said.

“Just late last year the MLB announced that all 30 teams would extend netting from foul pole to foul pole this year, but it’s too late for Laiah.”

The filing claims that more than 1,700 fans have been victim to baseballs entering the stands at high speeds. However, Zuniga made clear that despite the intensity of the situation and the horrible circumstances that it had not dulled her support of the club, saying: “I’ll always be a Cubs fan.”

More to come as the case unfolds.

 

Citation

https://wbbm780.radio.com/articles/woman-sues-mlb-chicago-cubs-over-foul-ball-injury

 

 Posted by at 1:43 pm

Family Sues After Inmate Found Unresponsive in Van

 Negligence  Comments Off on Family Sues After Inmate Found Unresponsive in Van
May 032020
 

The family of Abed Michael Naqshabandi, an inmate who was held at the J. Reuben Long Detention Center, is suing the Horry County Sheriff’s Office. This comes after Mr. Naqshabandi was found unresponsive in the back of a transport van. The lawsuit, which was filed against the county and the sheriff’s office, claims that Naqshabandi was booked into the detention center on  August 28, 2019, on two charges.

He was then being transferred back to his original location, the detention center, after a trip to Conway Medical Center. He was being treated for a heel injury on September 21st, 2019, when he was found unresponsive in the back of the van. Indeed, the coroner’s office found that Mr. Naqshabandi was found with a belt around his neck.

The family has now filed a claim of wrongful death, claiming that the Horry County Sheriff’s Office knew of his suicidal tendencies. In line with this knowledge, it’s alleged that they failed to take the steps needed to monitor his condition and his frame of mind. The lawsuit also states that he had suffered from a long-term history of mental illness and he had made several expressions of suicidal intent while in prison.

Indeed, documents show that the inmate had previously tried to commit suicide when at the J. Reuben Long Detention Center – and that this was why he was taken to hospital in the first place. In the lawsuit, it’s stated that “Mr. Naqshabandi suffered injuries to his legs, feet and elbow after jumping from the second-floor tier of his housing unit on multiple occasions in an attempt to commit suicide.”

After treatment, he was placed in the back of the van which is supposed to come with video monitoring equipment to directly supervise each individual. However, the plaintiff claims that there was no adequate supervision provided from the beginning of the journey until the end, which was around 20 minutes in total. This gave Naqshabandi the time needed to wrap the belt around his neck. While CPR was administered, he never regained consciousness and passed away.

The family is demanding that a jury trial is provided, and that damages for each independent cause of action are provided – as well as gross negligence. The State Law Enforcement Division is now investigating the incident to determine the potential for criminal liability. More to come as we get it.

 

Citation

https://www.wmbfnews.com/2020/04/15/family-sues-horry-county-hcso-after-inmate-found-unresponsive-transport-van/

 

 Posted by at 8:23 am

In Iowa, a Jury Awards Man $1.29 Million in Train Derailment Settlement

 Negligence  Comments Off on In Iowa, a Jury Awards Man $1.29 Million in Train Derailment Settlement
Apr 042020
 

BNSF Train

When you go to work, the last thing that you expect to deal with is some kind of personal injury. For Eddie E. Curl, an Iowa railway worker, though, this was not an issue he could avoid. The Quad Cities resident was injured during a train derailment in 2015 and has since been awarded a total of $1.29m.

He took his previous employer, Burlington North Santa Fe, LLC, to court in 2017. He carried out the suit in Polk County. He worked as a maintenance member of their team and was carrying out work on a belt train car in Melrose, Iowa, when the derailment took place. Moving at around 10mph or less, Curl leapt some 10ft backward to try and escape the car. He managed to hurt his ankle, spine, and back, according to the lead counsel on the case, Benjamin Tobin.

Thanks to legal team Tobin and Patrick Sullivan, the suit was finally finished, and the payment was made to Mr. Curl. Tobin claimed the BNSF knew the area was not suitable for work due to the washed-out tracks where the derailment has taken place. This was likely caused by recent flooding which had taken place in the area. After the case closed, Tobin said: “The railroad knew about the washed-out tracks in the area and that’s ultimately why the (derailment) happened,”

BNSF’s Midwest operations spokesman said that railroad firm is exploring options of appeal and does not intend to comment any further at the moment. The jury, made up of eight people, provided Curl with a $500,000 payout for future pain and suffering, $300,000 for future medical care, $390,000 for future and past loss of income, and $100,000 for past and future loss of household services.

The BNSF team admitted fault eventually and offered around $12,000 in payout fees. However, Tobin said: “They said that the ankle injury was only related to the ankle sprain and that the tarsal tunnel and complex regional pain syndrome (in his ankle) was not related,”

After going back to work post-injury, Curl found that he was unable to get over the continual pain caused by the incident and was now at the point where he was unable to keep working. He stopped working in the industry in 2016, and has not been able to return to his job since. With permanent injections placed in his spine to try and minimize the pain, the hope is that Curl – who has undergone numerous surgical treatments – might finally find some relief from the pain and suffering caused due to the incident.

 

Citation

https://www.desmoinesregister.com/story/news/crime-and-courts/2020/03/13/bnsf-railroad-worker-injured-job-awarded-1-million-lawsuit/5010874002/

 

 Posted by at 3:22 pm

Michigan Files DuPont PFAS Lawsuit

 Environmental, Negligence  Comments Off on Michigan Files DuPont PFAS Lawsuit
Mar 152020
 

Dark Waters Movie

The Michigan Attorney General Dana Nessel has filed a lawsuit at Washtenaw County Circuit Court. This lawsuit has been put up against 17 defendants, including 3M and DuPont, for damages and injury that has been inflicted on the State of Michigan. The main reason for this comes from the contamination from toxic polyfluoroalkyl substances. These are known as “forever chemicals” and are typically abbreviated as PFAS. If you’ve seen the movie Dark Waters then you’re already aware of some of the history of this in other states.

The lawsuit is the first major action to be taken by the state against companies that are in the business of manufacturing PFAS. Michigan has been one of the most aggressive states in fighting back against PFAS contamination. This has become a widespread issue, and this lawsuit appears to be the first key steps to fighting back against this pollution.

The lawsuit claims that all defendants had deliberately concealed the danger of PFAS, even going as far to withhold key scientific evidence. They also allege that the defendants knowingly sold, released, transported, and supplied, handled, and used PFAS and PFAS-like materials in Michigan. It goes on to state that the defendants not only done this, but they knew the risks of doing so and the potential for putting Michigan residents in the way of harm.

You can find a full copy of the lawsuit here: https://www.michigan.gov/documents/ag/Complaint_2020-01-14_final_678329_7.pdf. You can read the entire statement from the State of Michigan, and to work out why they have made such an aggressive push to do something about this.

The most crucial part of the statement, though, is to do with the impact of PFAS and its impact on human life. Part of the statement reads: “Exposure to PFAS is correlated with several harmful and serious health effects including but not limited to: Decreased fertility; pregnancy induced hypertension and/or preeclampsia; liver damage; thyroid disease; problems with cholesterol levels; immune system problems; and increased likelihood of cancer, especially kidney and testicular cancers.”

The case will continue, and we will provide updates as and when it is possible.

 

Citation

https://cedarspringspost.com/2020/01/17/michigan-files-lawsuit-against-3m-dupont-and-others-for-pfas-contamination/

 

 Posted by at 8:21 am

$7.3 Million Settlement for Families of Toddlers Struck by Tree Branch

 Negligence  Comments Off on $7.3 Million Settlement for Families of Toddlers Struck by Tree Branch
Feb 112020
 

Fallen Tree Branch at Day Care Center

When a child is harmed in a horrific accident, there’s always pressure to find a solution to help ease the suffering of the child and their family. When an Altadena, California toddler, then 2-year-old Adelaide Palmstrom, was struck with a falling tree branch in 2017, the reaction was the same. The child was at the Pasadena Day Center in 207 when the incident took place. With the case now finally concluded, the family will receive a $7m lawsuit settlement.

The parents first filed the lawsuit in a California state court in 2018, suing the city of Pasadena as well as the day care center. They also sued a local arborist as well as the Pasadena Unified School District. The property for the care center was leased from the PUSD, with the city controlling “a portion of the location involving the tree”.

Palmstrom was hit in the head by the falling tree branch, and suffered a fractured skull, neck, and the legs. The children were playing on their lunch break when the incident took place. Two other children, aged 3 and 4, were also hurt with minor injuries and their respective families joined in with the lawsuit. With this two-year lawsuit now finally coming to an end, though, it’s been noted that “multiple notices” were made regarding the condition of the tree.

With $7.3m in settlements paid out to the three families, the majority will go to the Palmstrom family. They will receive $2.4m from the city of Pasadena alone, with the other two families receiving a split of $100,000. The school district tree trimming contractor, Merchant’s Landscape Services, will pay around $2.48m, with $20,000 awarded to the other families affected. The Linda Vista Children Center will pay around $1.97m in compensation, with $30,000 to the other families.

The last party to settle, Pasadena Unified, paid out around $300,000, though there is no public information on the disbursements exactly. The award will be doled out to the child as she ages, with the aim to help cover the cost of medical bills and provide compensation and the loss of future earnings.

With a seven-week halo and leg cast experience, Adelaide also had to undergo plastic surgery for some of the scarring. She’s also believed to have had a traumatic brain injury from the incident.

By settling the lawsuit, though, no parties admitted liability.

 

Citation

https://www.pasadenastarnews.com/2020/01/20/families-of-toddlers-struck-by-pasadena-tree-branch-settle-lawsuit-for-7-3-million/

 

 Posted by at 2:41 pm