10.16.17

Texas County Files Opioid Lawsuit

Posted in Fraud, Medical Malpractice, Negligence, Products Liability at 3:39 pm by kevin

America has an opioid problem. The epidemic has resulted in addictions, deaths caused by drug overdose, and economic burden that totals $78.5 billion. Although drug makers have been sued by cities, states, and other agencies, the lawsuit filed by Dallas-based litigation firm Simon Greenstone Panetier & Bartlett in behalf of Upshur County is the first in Texas to hold drug makers responsible for the epidemic.

The lawsuit claims that deceptive practices by drug makers have created a marketplace that is both lucrative and illicit where pharmacy record falsification, prescription forging, and doctor shopping is a common occurrence. It also claims that an increase in heroin use is linked to the widespread use of opioids as addicted users turn to the other due to the unavailability of prescription drugs. The epidemic has also driven resident’s healthcare costs up.

Many residents of Upshur County have also cited opioid addiction as one of the reasons they sought treatment for substance abuse.

Opioid use doesn’t just affect the lives of those who use it, but their family as well. In Upshur County, parental drug addiction has caused a rise in children being placed in child protection agencies.

Dean Fowler, an Upshur County judge, said that the lawsuit’s goal was “to recoup the cost of the opioid epidemic.” The money used to treat opioid addicts come out of taxpayers’ pockets, and that the “cost to the public is very high.”

Jeffrey B. Simon, a Dallas attorney, says in the lawsuit that the epidemic “did not occur by chance.”

The lawsuit names more than 20 defendants, including Abbot Laboratories, Johnson & Johnson, Pfizer, Inc., and Purdue Pharma Inc. These companies manufacture brand-name drugs, such as Avinza (no longer sold in the market), Opana, OxyContin, Percocet, Percodan, Roxicodone, and Vicodin. Generic varieties such as hydrocodone and oxymorphone are being made as well. Some of these defendants also manufacture, market, distribute, and sell prescription opioids, such as fentanyl, Duragesic, Fentora, Ultracet, and Ultram.

The more than 20 defendants named in the lawsuit are all accused of using altering the view of doctors on opioids in the late 1990s and early 2000s through a “well-funded deceptive marketing scheme.” Drug makers use sales representatives and physicians – their “key opinion leaders”– to promote highly addictive opioids through souvenirs and toys that include, among others, bags, coffee cups, notepads, pens, and stuffed plush toys – all these bearing the name of the opioid brand.

The lawsuit also states that drug makers utilized “front groups” to help key opinion leaders negatively tinge continuing medical education programs, medical conferences and seminars, scientific articles, and treatment guidelines – sources that doctors and patients turn to for guidance.

After individual and coordinated efforts, the defendants also convinced doctors that opioids were “required in the compassionate treatment of chronic pain” rather than inform them of it being addictive and unsafe for long-term use.

The lawsuit claims that drug makers even upped their advertising costs compared to the previous decade. One advertisement showed how a writer used opioids to cure osteoarthritis but neglected to mention its risks.

A co-counsel of Simon, Jack Walker of the Martin Walker law firm, plans to file a similar lawsuit in the counties they represent.

 

09.06.17

Paralyzed Chicago Woman Receives $148 Million Settlement

Posted in Negligence at 11:06 am by kevin

On Wednesday, a Cook County jury awarded a woman $148 million, who was left paralyzed by a collapse on O’Hare International Airport bus shelter. The incident took place two years ago, when the woman was standing under the bus shelter during a storm in August, and the shelter collapsed.

The 26-year-old, Tierney Darden, from Vernon Hills, was greatly injured by the shelter collapse cried when Judge Clare McWilliams announced the jury’s final verdict. The trial took place at the Chicago Daley Center courtroom and took 7 days, and four hours of deliberation.

Her attorney Patrick Salvi during an interview outside the courtroom said: “Tierney was a victim of the wrongful conduct presented by the City at O’Hare, which caused her such a devastating injury.” He added, “We are grateful for the jury, who recognized the severity of Tierney’s injury, and the issues she will have to face in life”.

According to a spokesperson from Tierney’s law firm. The payable amount is the largest sum the city has ever had to pay for a personal injury case.

According to Patrick Salvi. On August 2nd, 2015 Tierney was a dance student and was standing right next to her mother and sister outside the airport. The street was on a lower level and offers direct access to Terminal 2. They have just returned from Chicago to Minneapolis, where they went shopping for bridesmaid dresses for a wedding. When the storm rolled in, they decided to take shelter under the bus shelter while waiting for their ride. As the storm gained more momentum, the shelter became loose and fell right on Tierney.

The fall was at such an angle that it severed her spinal cord, and she was left paralyzed. Now, she has no movement from the waist down, according to her lawyers. Before the accident occurred Tierney lived an independent life in Chicago, where she was attending the Truman College. However, due to the accident, she had to move back with her father and lives in Vernon Hills.

The extensive research and investigation showed the bus shelter has missing bolts that lead to the accident. The investigation confirmed that the bus shelters were hardly maintained, and were in poor condition. The mission bolts were paired with the broken brackets or the corroded parts. Which lead to the horrible accident that change Tierney life.

Her lawyers added that after two years, the city of Chicago finally admitted liability, for the injuries that Tierney suffered. The trial was taken on to ensure that the city realized its fault, and they must better maintain their shelters. Which turned out to be a great settlement for Tierney that will help live her life in as much comfort as possible. The jury decided that she has a long road ahead of her, and must be compensated accordingly.

When the city was asked for comment, they did not have anything to add on the matter, and later issues a public statement.

 

05.19.17

Why Are More Buses Not Revamping To Include Seat Belts?

Posted in Negligence, Vehicle Accidents at 3:33 pm by kevin

Over the past several decades, seat belt laws have expanded to cover all 50 states. Although it is left to each state to determine the specific laws, in general, if you are riding in the car with a child then they need to be restrained unless they are over the age of 16. The reason is that car accidents remain one of the biggest causes of childhood deaths and injuries in America.

There is no argument that seat belts save lives, so instilling laws for parents to do the right thing just makes sense. However, when it comes to other forms of transportation, like school buses, not many states have mandates about what type of restraints they must have or how children must be transported. In Texas, after several school bus accidents with huge consequences, lawmakers are considering making it mandatory to wear a seatbelt when you get on the big yellow bus to go to school.

It would only make sense that your child should be as protected in someone else’s vehicle as they should be in your car, so the lack of seat belts on many school buses – not just across Texas but across the United States – simply doesn’t make any sense.

A Texas law that was established over ten years ago stating that school buses must be equipped with shoulder seat belts has barely caught on. In fact, only a minority of the buses are up to the law a decade later. After a fatal bus crash in 2006, Ashley and Alicia’s Law was enacted, mandating that every new bus purchased by a school have the three-point seat belt.

With the help of a bus accident lawyer, a woman who lost her daughter to a school bus accident in September of 2015 is just one victim lobbying to not only enforce the rule for buses to have seat belts, but to make sure that they use them. Sheanine Chatman lost her daughter when the child’s bus went over the overpass and plunged 21 feet onto the road below.

Chatman was one of two children who was killed. Two others sustained severe injuries. The biggest contributor to the deaths and severity of injuries is that none of the children were wearing seat belts, according to investigators who were at the scene. Advocates have been pushing for seat belt use on school and transportation buses since the law was passed, but it seems like their pleas are falling on deaf ears. With no real enforcement or consequences for not following the rules, there isn’t much incentive to take the extra initiative to ensure that children are following the rules.

Sylvia Garcia, a Democratic state senator, has presented a bill that would require each child to have a three-point seat belt on every school bus that operates in the state. A three-point belt has not just the lap belt, which does very little to secure a child when in a crash, but also has a shoulder belt – the same shoulder belt that is required in any other moving vehicle.

Garcia insists that everyone who gets behind the wheel with their child understands the gravity of what being safe in a car entails for their kid, but then they say goodbye at the bus doors and have no proof that their children are being taken care of safely.

Texas is one of the “click it or ticket” states and puts a large portion of their transportation budget into seat belt campaigns and enforcement at the private motorist level. However, they need to do a better job on buses, where there can be up to 100 children being transported at one time.

Even when it is most critical that kids be restrained, no one seems to be putting much effort into enforcement. Although over $10 million was earmarked to purchase new school buses that comply with the law, nearly 99% of the schools across Texas have not done so.

Many educators maintain that it might be because the money allocated only relates to purchasing new school buses, instead of just retrofitting school buses that are fairly new and can last for decades. According to experts, it only costs about $8,000-10,000 to retrofit an old bus, but since the state doesn’t include that in their allocation, school districts simply don’t have the money in the budget to comply.

To date, an average of six children a year die in school bus crashes. That is six too many. A new push needs to be focused on converting old buses and enforcing seat belt laws, so that another Chatman accident never happens again. It is now in the hands of the Texas government to figure out the best way to gain compliance, but they must do so.

 

 

05.02.17

What Type Of Insurance Do You Need For Your Dog Breed?

Posted in Dog Bite Injury, Negligence at 10:33 am by kevin

There is no debating the fact that dog breeds all have their own set of personality traits. With breeds selected for specific reasons, whether you have a purebred or a mutt, your dog might be someone who loves you – but that doesn’t always mean that they love everyone.

There are some dog breeds that were created to be man’s best friend, like the Labrador retriever, and they have very little risk of biting someone. Then there are other breeds, like huskies and pit bulls, who are known to be a bit more aggressive, territorial and protective.

You can’t really blame a dog when they bite someone if they were protecting the house, but that doesn’t mean that you might not be liable to pay for the dog bite. There are specific things that you need to do to limit your liability for dog bites. Not only could a bite end up costing you a whole lot, but you might lose your beloved dog if you aren’t careful. Each state has specific dog bite laws in place; knowing your state’s law can help you to avoid disaster.

According to recent studies, more than one-third of all homeowners’ claims made are related to dog bites. That costs the insurance industry more than $570 million a year. The average cost of a dog-bite claim is somewhere around $37,000 dollars, and it continues to increase every year. In fact, the amount awarded by insurance companies has risen over 90% in just the past 15 years.

Although not many homeowners give it much thought, prevention is the best way to ensure that you aren’t left with a costly lawsuit that jeopardizes your home and your dog. More than 60% of all dog-bite incidents happen on the owner’s premises, and in over 70% of those cases, the victim is either a family member or family friend.

Some breeds are more dangerous than others, but dogs are often a family member to most people, and it can be difficult for dog owners to see potential threat. No matter how well-trained dogs are, there are times when certain breeds’ instincts just take over. Some people think that certain dogs just get a bad “rap,” but the truth is that there are five breeds of dogs that are responsible for over 280 deaths in the past four decades.

The five top most dangerous dogs to own (regarding property liability) are:

  • Pit bulls
  • Rottweilers
  • German shepherds
  • Huskies
  • Malamutes

Although they are not solely responsible for all the dog bites that end in fatalities, the highest likelihood of bites are from pit bulls, Rottweilers, German shepherds, and huskies.

Each state has different dog-bite liability laws. There are specific types of dog owner liability clauses.

Strict liability for dog bites: In strict liability states, the dog owner is held strictly liable for any property damage or injury that is caused by their dog, even if the dog was provoked. There are, however, instances where if the dog was being provoked, the owner is no longer held liable.

One-bite rule: Currently there are sixteen states that don’t have any dog-bite statutes and have no consequences for an owner’s whose dog bit or injured someone. If it is the first time the dog has bitten someone, then often the injured person has no recourse. Unless the animal has demonstrated prior evidence of being vicious or dangerous to people, then the owner is presumed to be not liable. However, if the dog bites someone again then the liability is automatically on the owner.

Negligence laws: Some states use the clause of a person being unreasonably careless in training and controlling a dog. The child dog bite attorney must prove that the dog owner didn’t reasonably control their dog, thus there was an injury and the injury was directly related to the dog owner not taking reasonable care to ensure the safety of the injured person.

If you own a dog, you might think they are wonderful, and they might very well be. That doesn’t mean, however, that they won’t bite someone if they feel threatened. To make sure that you are covered if your dog bites someone, it is important to read through your homeowner’s policy to see if you need any special or additional coverage. Being safe is always better than being sorry. If you aren’t insured, you could stand to lose a lot more than just your best friend.

 

Could Sleeping Captain Have Taken Down The Spirit Of Baltimore Ship?

Posted in Negligence at 10:01 am by kevin

Last August, what started as a beautiful midnight cruise in Boston concluded with anything but a happy ending. There were 412 passengers on the Spirit of Baltimore who had their evening come to an abrupt end when the ship crashed into the Fells Point pier.

Although no one was killed, many passengers are suing for damages including pain and suffering due to the incident, which could cost the Spirit of Baltimore in excess of $1,000,000 if they are found liable.

Passenger Maurice Franklin insists that the sheer force with which the ship hit was enough for him to suffer injuries to his back, neck, and knees when he was hurled against a glass wall.

Franklin is not the only passenger to sustain injuries and pursue a cruise ship serious injuries lawsuits; several of the other people on the ship have claimed similar injuries and are likewise trying to recover their damages. The Coast Guard, which is in charge of the investigation, found that the captain had fallen asleep at the helm of the 100-plus-foot ship and gotten off course. That led to the ship hitting a floating pier within the Henderson’s Wharf Marina.

Felicia Morris, another of the ship’s passengers, testified that she was in a sheer panic, afraid that the boat was going to sink. Since she didn’t know how to swim, she was terrified when there were no lifejackets to be found, nor was there any staff ready and able to help.

Of the 412 people on board, 28 have filed suit with dollar amounts being anywhere from $5000 to over $1,000,000 against Spirit Cruises. According to maritime law, any company who is being sued by passengers is allowed to set a deadline for them to file suit, and the company may also limit the amount of money the suit will pay out, which is valued at the overall value of the vessel.

The US District Judge Ellen L. Hollander, has set the limit at $1.8 million dollars, and the deadline for filing was last month. On August 28, 412 passengers boarded the Spirit of Baltimore for a night of dining and dancing. As a midnight cruise, it was supposed to last from 12 until 3 AM. The ship was en route back to the dock at approximately 2:30, when it went off course.

The captain manning the vessel was immediately fired within 24 hours of the incident. The reason for his dismissal, according to the Spirit of Boston, was that his actions were completely unacceptable and negligent. Up until this incident, the Spirit of Boston had had an excellent track record with over 30 years in operation and no major accidents.

Investigators found that the captain of the ship had been working for three days prior to manning the cruise on his own boat, and he was already exhausted when he got behind the wheel. As per instructions, there was supposed to be a mate alongside the captain, but at 2:00, he was called away to deal with a drunk and disorderly passenger. It was at that time that the captain dozed off.

It wasn’t just passengers who were injured in the incident; the ship caused over $100,000 in damages to nearby recreational boats as well. The captain was not sure if it was the impact itself or the noise that woke him; he maintains that he quickly assessed the situation to find that there was a huge hole in the boat. To date, the captain has not been identified, and the defense attorneys for the Spirit of Boston have no comment on the incident.

When you board a cruise ship, the risks are as real as with any other type of moving vehicle. It’s putting your life in the hands of someone else behind the wheel; a midnight cruise might sound like a good idea, but only if the person manning the ship has enough sleep to maintain control. Clearly, the captain of the Spirit of Boston should have never taken 412 passengers out for a cruise that night in August. Luckily no one died in the incident, but that doesn’t mean that they couldn’t have.

 

09.07.16

Lawsuit: Charlotte, North Carolina School Released Girl to Her Rapist Twice

Posted in Negligence at 11:28 am by kevin

According to a lawsuit in Charlotte, North Carolina, a girl who was attending the 7th grade was released by her own school to a man who had taken her to a certain house and sexually assaulted her, and this happened on two occasions. The lawsuit entails that the offender returned the young victim to school to finish the day when each of the incidents happened. The name of the girl was not stated in order to protect her identity as a victim of sexual abuse.

The formal charge against the offender was filed by the student, along with her mother, in court, initiating it to set forth for the court of a claim for relief from the wrongful conduct engaged in and from the damage caused by the perpetrator.

The lawsuit specifically states that the girl was a 7th grade student at the Kipp Academy Charlotte, which is a charter school, when the acts were committed by the offender when the 2013-2014 school year was about to end.

According to the attorneys for the complainants, a man with the name of Demetrius Fetherson has contacted the girl on the 26th of March in 2014 on Facebook. They said that Fetherson told the girl that she was cute and that he would be able to help her with launching a career in modeling. The lawsuit further states that the man then showed up at the girl’s school the following day and checked her out of the premises by claiming that he was her uncle, and that he had to take her to an appointment with a doctor. The exhibits that were filed as part of the suit did not show Fetherson to be listed as one of the people who were authorized to pick the girl up from school. In addition, the list did not even have a certain uncle as an authorized person.

The lawsuit claims that the man had taken the girl to a brick house and engaged in “unconsensual sexual contact” with her, and the same incident happened once more 3 weeks later. Currently, Fetherson is serving time in a state prison after he pled guilty to 2nd-degree rape.

Moreover, the lawsuit also names the Kipp Academy Charlotte, the educational institution’s board of directors and the Kipp Foundation. However, a representative for the school has declined to provide comments during the most recent litigation session, though he did respond to some questions about how the school responded to the incidents.

The director of Finance of Operations for the Kipp Academy Charlotte, Mark Chudzicki, stated that the school had conducted an internal review of procedures and policies after the incidents, and that some of the procedures they implement were changed. But when asked whether the school had notified the parents about the incidents in 2014 or not, he just answered, “I don’t recall.” Also, a voicemail that was left with the offices of the Kipp Foundation in San Francisco, California was not returned.

 

Reference

http://www.wsoctv.com/news/local/charlotte-school-released-girl-to-man-who-sexually-assaulted-her-lawsuit-says/432954384

 

06.09.16

Former Inmate Sues York Correctional Institution for Women for Traumatic Brain Injury

Posted in Medical Malpractice, Negligence at 3:20 pm by kevin

Amy Rolon, who served time in prison for charges of 6th-degree larceny, has filed a $7.5-million claim for medical neglect against the Department of Correction (DOC) due to a traumatic brain injury she sustained while under the custody of York Correctional Institution in Niantic, Connecticut in 2014.

According to incident reports, Rolon repeatedly fell and hit her head during her struggles against heroin withdrawal, which lasted for about 2 days. In a very compelling surveillance video reviewed by supervisor Christopher Brunelle, Rolon is seen falling out of her wheelchair while staff members are just walking by and ignoring to provide assistance. Brunelle writes in his report:

“Inmate crawls out of cell on hands and knees as staff are walking towards her … [Two correction officers] walk past the inmate. Both officers staring at the inmate as they walk past and exit the unit …

“Inmate attempts to get into wheelchair by herself. Staff do not assist.

“Inmate falls out of wheelchair and onto the floor … (E)veryone watches. No staff attempt to help her up.”

Also, those who shared the cell with Rolon from October 30 to 31, 2014 reported to had repeatedly called for medical attention, as they watched Rolon stagger in and out of the bathroom, and then fall and sprawl on the floor. Though she then received methadone and other medications several times from nurses, it was not until the morning of November 1 that she received sustained medical attention after experiencing a violent seizure, with her mouth filling with blood from biting her own tongue. Also, all of these things occurred despite a court order stating that Rolon required detoxification and immediate medical attention upon being admitted to the correctional facility on October 30, 2014.

It took several hours until a psychologist recommended for Rolon to be checked at a hospital, and by the time she was sent to the Lawrence & Memorial Hospital emergency room in New London, she was already found to be in critical condition. She was then transferred to the Yale-New Haven Hospital ICU, where she received surgery for swelling and bleeding of the brain.

As a result of this incident, four officers at the correctional facility have been suspended and two nurses who worked for the Correctional Managed Health Care unit at UConn Health resigned, according to the correctional facility’s officials. Such a medical unit is aid to be holding a controversial, no-bid contract (worth more than $80 million a year) with the DOC to deliver mental and medical services to inmates.

According to Scott Semple, the Correction Commissioner, there was truly a violation to the protocol in the Rolon case, viewing it as a situation that is isolated to the staff members who are being suspended. After learning about how serious Rolon’s injuries were, York supervisors ordered an investigation at the scene where the incident happened, calling on state police investigators to document the chain of events.

Rolon, who is now a 38-year-old mother of five children, is partially paralyzed and is severely cognitively impaired. Needing constant care, she is residing at the Grandview Rehabilitation and Nursing Center.

 

Reference

http://www.courant.com/news/connecticut/hc-inmate-prison-medical-neglect-0520-20160519-story.html

05.19.16

Grandmother Files Lawsuit After Suicide of 6-Year-old

Posted in Negligence, Wrongful Death at 11:05 am by kevin

There are personal injury cases that are based from the negligence doctrine. By nature, negligence will require everybody in a society to be responsible and avoid risking others. Although it doesn’t say that negligence results when somebody gets hurt, it is recognized in the doctrine that there are unavoidable accidents. To make the defendant liable, the plaintiff must provide evidence that the former would have done otherwise under the circumstances.

 

Cases of Negligence

Some examples related to negligence include medical complications due to carelessness of the physician, car mishaps due to drunk driving, and canine attacks when vicious animals are left out of the care of the owner. In such cases, the risks have been ignored by the responsible party which resulted to the injury of the plaintiff.

For this reason, the defendant is required to pay the plaintiff for the injury as a result of the actions done by the former. However, not all cases are the same since some damages can be calculated easily which can be linked to medical bills or property damage. For certain cases though that involve emotional distress or the loss of capacity to earn, it will require the testimony of an expert.

 

The Suicide Case of the 6-Year-Old

The case of the six-year-old female allegedly involved the failure of the child protection system at Hennepin County. Based from the statements of the grandmother Mary Broadus, it is only fair to claim damages resulting from the death of the victim Kendrea Johnson.

The suit stated that the county together with the foster providers as well as the mental treatment provider have knowledge about the suicidal tendencies of the child. Sadly, they weren’t able to take that issue seriously. As a result, they failed to work together to safeguard the young girl.

Failure of LifeSpan to Disclose Essential Information

LifeSpan is the agency taking care of Kendrea’s treatment for mental health and her schooling. They were fully aware of the behavior of the child. They allegedly have knowledge of how this girl was inclined to commit suicide based on their observations.

However, the lawyer of the defendants claimed that his clients weren’t guilty because of the lack of evidence that they were actually guilty. Thus, none of them did nothing wrong despite what happened to the victim. Additionally, he stated that the girl came from circumstances that were extremely difficult. In fact, the workers made sure that the child received the type of care she deserved.

The Foster Home

The child was placed in a foster home of a certain Tannise Nawaqavou at Brooklyn Park in 2014. Nawaqavou told the police that she was threatened by the girl with a screwdriver and even told her foster parent that she would jump out of the window to kill herself. Some pictures were also drawn by Kendrea depicting a child hanging from a rope, which supported the child’s suicidal tendencies.

Revocation of Licenses and Payment of Fine

The conclusion of the investigation of Kendrea’s death led to the revocation of licenses of Nawaqavou and her foster home. It was then found that although Nawaqavou wasn’t responsible for the child’s death, she was charged for locking the child in her room. An appeal was later filed but the DHS agreed with their request to keep operations after it will pay a fine of $600.

 

Reference

http://www.startribune.com/lawsuit-filed-after-death-of-6-year-old-foster-child/378815171/

 

 

04.23.16

Pop Warner Football Settles Brain Injury Lawsuit

Posted in Negligence, Wrongful Death at 8:51 am by kevin

Pop Warner, the oldest and biggest youth football program in the United States, made news earlier in March when it settled a brain injury lawsuit that was filed by the family of a young man who committed suicide in 2012.

The victim, 25-year-old Joseph Chernach, died on June 7, 2012, when he hung himself in his mother’s shed. His family believed that one of the biggest contributors to his suicide was chronic traumatic encephalopathy or CTE, a type of progressive degenerative disease of the brain. This illness reportedly caused him to have poor mental capacity, prevented him from controlling his mood, and eventually pushed him to end his life.

The lawsuit was filed by Chernach’s mother Debra Pyka in February 2015 against the Pop Warner Little Scholars, Inc., The Pop Warner Foundation, and Lexington Insurance Company (Pop Warner’s insurer).

 

What is CTE?

CTE usually develops in people who undergo repetitive brain trauma, such as concussions. It’s common among athletes who play contact sports such as football (both American and association football), ice hockey, wrestling, motocross, and bull riding. It’s important to note, though, that it doesn’t only affect professional athletes; a recent study found out that even teenagers who play football for just a few years in high school can develop long-term brain damage — even if they don’t go on to play in college and professionally.

This seems to be what happened to Joseph Chernach. He played football with Pop Warner for three years (from 1997 to 2000) and went on to become an excellent student and athlete. But everything changed when he reached his sophomore year in college, when he began to exhibit changes in his mood, behavior, and cognitive functions. All three went on to decline every year until his death, causing him to be depressed and making him paranoid and suspicious of family and friends.

According to the lawsuit, Chernach reached the point when he could no longer “control the impulse to kill himself”. The lawsuit also pointed out that his suicide was the “natural and probable consequence of the injuries he suffered” when he played football with Pop Warner.

 

What does this case mean for other people?

The lawsuit filed by Chernach’s mother sought $5 million in damages, although the actual terms of settlement has not been revealed.

The settlement is one of the many cases that demonstrate the heightened awareness about CTE and the pressure that many football organizations face from people who are concerned about concussion-related damage. The National Football League is one such organization. In 2015, a class-action lawsuit was approved between the NFL and former players, ensuring that the ex-NFL players who retired on or before July 7, 2014, would receive up to $5 million each. This amount is provided to help the players with any serious medical conditions that are related to concussion-related head injuries.

The NFL, for the first time, has acknowledged that there is a link between football and CTE. Pop Warner, meanwhile, has taken steps to make football safer for the young people who play the game.

With the settlement of the Chernach lawsuit, ex-football players and their families may want to look into filing a personal injury lawsuit against the relevant organization. This way, they can seek compensation for the damages that they have suffered because of the illness and injuries that resulted from football-related brain trauma.

 

Reference

http://www.cnn.com/2016/03/09/us/pop-warner-concussion-lawsuit-settlement-player-suicide/

 

11.29.15

Man Has Heart Attack in Jail and Family Settles Lawsuit

Posted in Negligence at 10:33 am by kevin

In Lafayette, Louisiana, a family has settled a lawsuit against the sheriff’s department.

According to KATC.com, “The Lafayette Parish Sheriff’s Office has settled a wrongful death lawsuit over the death of an inmate in 2012.

“According to a release from Lafayette attorney Clay Burgess, the Sheriff’s Office agreed to pay $225,000 to the family of John Horace Howard Jr., a 63-year-old man who died of a heart attack in November 2012 after spending 16 days in solitary confinement.”

 

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