Archive for January, 2010

Toyota Announces Massive Recall

Monday, January 25th, 2010

In August, we reported that Toyota was subject to a federal racketeering lawsuit after the company was accused of hiding evidence of dangers from SUV rollover lawsuits. Now the company is in more hot water after it has announced a major recall of cars that may have sticking accelerators –leading to uncontrollable acceleration that cannot be stopped. Originally, the company tried to claim that the issue was simply due to a floor mat problem, and they asked 4.2 million drivers of their vehicles to remove their mats as a temporary solution.

New evidence has arisen that the cars can be subject to this defect, even with the floor mats have been removed. As a result, the company was forced to recall over 2.3 million cars on the road including many of their most popular models, such as Camrys, Carollas, Tundras and Avalons.

The problem first reached national attention after a fatal accident in California resulted from the accelerator problem. In the tragic accident, the driver and his family were killed after the Lexus they were driving sped up to 120 miles per hour. Witnesses say the tires were on fire as the driver tried to stop the car before it plowed into an SUV, flew off the freeway, rolled over multiple times and caught on fire. Their is no word yet as to whether the family of the victims has spoken to an Orange County accident attorney to discuss suing Toyota for the defect.

To read more about the recalls, see the article on About Lawsuits. Image via d3ims [Flickr].

Blood Donation Infection Leads to Lawsuit

Tuesday, January 19th, 2010

Christopher Bui thought he was doing a good deed when he went to the Stanford Hospital to donate blood. Unfortunately, by the end of his ordeal, he ended up not being a hero, but a victim.

Bui had donated at the hospital yearly for over ten years before the fateful incident that led him to develop a debilitating infection. The expenses related to treating the infection at the hospital quickly added up and soon, he could no longer afford to pay. At this point, the hospital refused to provide him with further treatment. He is now suing the hospital for medical malpractice.

According to an Orange County personal injury lawyer, hospitals promise to take care of blood donors if any ill arises as a result of their donations. By refusing to treat Bui, they broke this promise to the donor and may have cost themselves additional donations from those who now fear the potential repercussions will not be covered by the hospital.

To read more about this suit, see the article in Justice News Flash. Image via Thirteen of Clubs [Flickr].

Schwarzenegger’s Job Creation Plan Includes Lawsuit Reform

Monday, January 11th, 2010

Arnold announced his five-point plan for economic recovery last week, which involved a surprising amount of tort legislation reform proposals including caps on punitive damages, emotional trauma rewards and other forms of compensation available to accident victims in California.

“California’s current litigation laws lead to large settlements with little value to consumers but become worth millions to lawyers at the expense of California businesses,” the Governor said. “Current statutes also impede growth by holding businesspersons liable for defective products — even if the seller had no knowledge or control over the defect — and allowing for punitive damage awards that are wildly unpredictable among similar cases.”

While many experts, including Orange County injury attorneys, believe the chances of Arnold getting these measures passed in the legislature because they will be too bogged down with other duties this year, the California Citizens Against Lawsuit Abuse is sure to push the state government to reconsider their prioritization of these measures. One Democratic campaign consultant, Bill Wong, says he doubts the governor’s push to limit corporate responsibility through lawsuits would go over very well with California voters.

To read more about the proposal, see the article in Legal News Line.

Malpractice Suit Claims Delayed Care Caused Death

Monday, January 4th, 2010

The entire point of emergency care is to treat patients in critical condition in a timely manner. Unfortunately for Nicole Blincoe, her mother, Penny Louise Prevezich, was not afforded this consideration when she came to an emergency room in San Mateo County. Mrs. Prevezich was left waiting in the waiting room of the county hospital’s emergency care unit, while she died of a drug overdose. She was transferred from a veteran’s mental health facility to the hospital, where she was seated by a nurse and then left unattended for over 90 minutes, at which time she was found deceased.

A recent study has shown that hospital waiting times have been increasing significantly throughout the last year. The University of California San Francisco has found that only 75% of all patients are receiving care in a safe and timely manner. Orange County personal injury attorneys warn that the problem will get worse if left ignored.

To read more about the case, see the article on AboutLawsuits.com. Image Via Reegmo [Flickr].