“Atlas Fraley’s death was a direct and proximate result of the negligence of [Griffin],” the suit stated. “Had [Griffin) properly evaluated, treated and transported Atlas Fraley to a hospital, he more than likely than not would have survived.”

The family is asking for damages to cover medical and funeral expenses, loss of companionship and their son's pain and suffering.

The boy called Emergency Services when he started to feel extreme discomfort and pain. The paramedics arrived and told him to drink fluids and he would be fine. A few hours later, he was found dead in his home.

To read more, see the article in the Herald Sun. Image via NIOSH [Flickr].

When her family sued the highway patrol for invasion of privacy, intentional infliction of emotional distress and negligence, the first court to hear the case dismissed it despite the fact that the judge called the officer’s behavior “utterly reprehensible.”

Fortunately, upon appeal, the family has been given their chance to hold the officers accountable for their unnecessary suffering following the accident. Many Orange County personal injury attorneys are praising the decision, as it will allow the family to help ensure that this type of tragedy never happens to anyone else.

To read more about the story, see the article in the L.A. Times. Image via moriza [Flickr].

Kristen Spears was a seven year old girl with cerebral palsy. Botox shots were intended to help calm the spasms in her legs and allowed her to walk without surgery. Instead, Botox may have killed her.

The family is now working with an Orange County personal injury lawyer to file suit against the manufacturer. It is one of many upcoming cosmetic and non-cosmetic suits regarding the drug. The corporation says their is no proof the drug caused Kristen’s death, and the deaths of other victims, though. A spokeswoman said the drug’s safety record has been “remarkable” so far, she claimed that any deaths that seemed to be caused by the drug were actually caused by underlying health conditions.

Over a year after Kristen’s death though, Botox was ordered to start warning doctors and consumers of potentially life-threatening side effects and may be dangerous for use in children. The girl’s family claims that the company was aware of the dangers prior to her death though.

To read more about the suit, see the article in the L.A. Times. Image via Sarah G… [Flickr].

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].

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].

Stanley already had suffered from two heart attacks before the collectors started their harassment. His second heart attack required he receive a helicopter ride to the hospital. One of the collection agents made light of his suffering, saying, “Why don’t you have that helicopter pick you up and bring that payment to the office.” This statement and more, all of which are illegal debt collection practices, were left on the McLeod’s message machine and will provide strong evidence against the agency in court.

The fact that the collection agency knew about his condition can certainly be used against them now that Mr. McLeod has passed, says a prominent Orange County personal injury attorney. Green Tree Servicing, the collection agency, denies the company is in anyway responsible for McLeod’s death. The trial is scheduled to start next month.

To read more about this case, see the article on CNN.

Nelson’s Orange County personal injury attorney says the veteran was in a passenger vehicle that was traveling only 15 miles per hour, when he was rear ended by the van that was going over 80 miles per hour. Nelson suffered from a broken femur and a number of other fractures. A blot clot caused by the accident result in his suffering from a stroke soon after as well. The stroke, unfortunately, damaged most of the left portion of his brain.

At the time of the accident, Nelson was studying at the California Art Institute after he completed three tours of duty in Iraq.

To read more about the accident and the settlement, see the article on AboutLawsuits.com. Illustrative image courtesy of Johnath [Flickr].

Jennifer Smith lost her mother, Linda, when a Ford pickup crashed into Linda’s Toyota Rav 4. The driver of the Ford, Christopher Hill, claimed he caused the accident because was distracted by a call on his cell phone.

Jennifer is now taking action, not against Mr. Hill, but against the wireless carriers who provided the man with cellphone service while he was driving. She believes the companies should have seen the potential danger associated with driving while talking on the cell phone and should have provided adequate warning about these dangers.

Experts, such as Orange County personal injury attorneys, say the case presents a lot of challenges and may be unlikely to win. Still, these experts also agree that the action raises important questions as to personal responsibility on the road. A similar court case went through Indiana in 2003 and the case was dismissed upon appeal, as the court agreed that the crash was still caused by driver inattention –not cellphone use.

Sprint Nextel has rejected the claim of negligence and says they have included safety messaging on their website, user manuals, advertising and packaging. Mr. Hill has also denied that the companies are responsible for his actions, saying, “It’s our choice if we’re going to talk on the cellphone while driving or walking down the street or in the office,” he said. “The cellphone companies don’t say you should talk on the phone and drive.”

To read more about this lawsuit, see the article in the New York Times. Image Via scottc320 [Flickr]

An outbreak of the infections in 2007 resulted in a voluntary product recall of the lens solution. Now the victims have banded together with the help of Orange County personal injury attorney Ron Labriola Newport Beach-based firm Robinson, Calcagnie & Robinson to take action against the company that caused their injuries. Labriola says that some of the contaminated products directly caused the eye infections, while others failed to prevent them.

“The solution doesn’t disinfect against this particular bacteria,” Labriola said. “It also has ancillary ingredients that cause the amoeba to go into a protective state.”

For more information on the suit, see the article in the Orange County Register. Image Via nikozz [Flickr].

Toyota has publicly blamed the problems on floor mats that have trapped the accelerator and prevented its release. The two plaintiffs claim there are other issues behind the acceleration problems besides just the floor mats though. The plaintiffs and their Orange County personal injury attorneys claim that Toyota has a problem with the throttle control system as well, which would have otherwise prevented the sudden acceleration.

The lawsuit seeks compensation for everyone victimized by the defaults and for the company to issue a recall of all affected car models. The National Highway Traffic Safety Administration has previously investigated these incidents and claimed the floor mats are the only major defect in the cars. They did discover that the problems rendered the vacuum brake system much less functional and noted an increase in stopping distance from 200 feet to more than 1,000 feet. The amount of force required to fully apply the brake also increased from 30 pounds of pressure to 150 pounds of pressure.

So far Toyota has already recalled more than 3.8 million vehicles related to this defect. Owners have been instructed to remove the driver’s floor mats until a more permanent solution is made available.

To read more, see the article in Canadian Driver. Image Via Chris.Corwin [Flickr]