Archive for the ‘Notable lawsuits’ Category

Patient Suing Over CT Scan Radiation Overdose

Monday, October 26th, 2009

timsamoffA patient who received a CT scan from the Los Angeles Cedars-Sinai Medical Center is suing the hospital and the manufacturer of the device after receiving a radiation overdose. His suit will not only be on his behalf, will be a class action including the 206 other patients that have received radiation overdoses from the machine. The defect has gone undetected for over a year and a half.

The patient, Trevor Rees, and his Orange County personal injury lawyer assert that both the hospital and the maker of the device, General Electric, have been negligent in preforming the scans. The lawsuit is also alleging medical malpractice on the part of the hospital and product liability on the part of GE.

GE says the machine is not defective. Hospital officials claim the mistake occurred when staff reset the machine, but a misunderstanding about a default setting applied by the machine led to patients receiving eight times the normal dose of radiation. 40% of all the patients suffered hair loss as a result.

Rees says he experienced signs of radiation overdose shortly after the exposure, including losing hair on his head and eyebrows, and redness and flakiness of skin on his face and scalp. A while after the scan, hospital officials contacted him, asking him if he experienced any side effects, but they would not tell him why. The hospital did not inform him of the overdose until much later.

To read more about this case, see the article in the Silicone Valley Mercury News. Image Via Timsamoff [Flickr]

Woman Suing Police For Allowing Her To Fall

Monday, October 19th, 2009

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When police arrested 55 year old Joan McCollum of Laguna Beach, they insisted on handcuffing the suspect behind the back, despite the fact that she said she was feeling dizzy. While they did call an ambulance, the officers did nothing to prevent McCollum from falling.

When her dizziness took hold of her, McCollum did, in fact, collapse, and with no way to break her fall, she ended up suffering from a serious neck injury that later required surgery.

McCollum, who was later acquitted of the shoplifting charge, has contacted an Orange County personal injury attorney and is now filing suit against Newport Beach and the two officers who allowed her to injure herself.

To read more about the incident, please see the article in the Daily Pilot. Image Via richardmasoner [Flickr]

E. Coli-Tainted Spinach Lawsuit Settled

Tuesday, October 13th, 2009

Jasmine&RosesAn 85-year old woman who was victimized by the tainted spinach sold during the August 2006 E. coli outbreak has settled with the California growers and shippers responsible for her illness. Jane Majeska of Wisconsin was hospitalized after she consumed the tainted spinach she purchased from the local market. When she checked in, doctors recognized that she was suffering from hemolytic uremic syndrome and she required a feeding tube and ventilator just to survive the ordeal.

Three people died from consumption of the spinach and Mrs. Majeska was one of 200 to be hospitalized. The settlements for these injuries have remained confidential, but outside of lawsuits, the industry lost over $80 million of sales after the incident. Mrs. Majeska alone racked up over $500,000 in hospital bills to treat her illness.

It is for situations like this that product liability lawsuits exist. Consumers have a right to assume the food or product they purchase are safe. If you have been injured due to an unsafe food or other dangerous product, please contact an Orange County personal injury attorney.

More on the story can be seen in the Associated Press article. Image Via Jasmine & Rose

Doctor May Have Let Man Die Just To Steal Watch

Monday, October 5th, 2009

jurvetsonA California doctor is accused of letting a patient die, only so he could steal the man’s valuable Rolex watch without anyone noticing. The patient, Jerry Kubena Sr, a retired Manteca police lieutenant, was admitted to the hospital on June 1st for a heart attack. When he entered the medical center, nurses noticed that he was wearing a nice watch. When doctor Cleveland James Enmon pronounced him dead, the staff noticed Kubena’s watch was missing and that their was a noticeable watch-shapped bulge in Enmon’s pocket.

Kubena’s children have filed a wrongful death suit against Enmon, stating that he intentionally let their father die in order to pocket the watch. According to the suit: “Once defendant Enmon formed the intent to steal decedent’s watch, he abandoned his efforts to resuscitate decedent, leaving decedent to die so that he would not be around to reclaim his watch.”

Wrongful death lawsuits are a terrible thing to go through, which is why it is always so important to immediately contact an Orange County personal injury attorney who can help you get through the legal complexities, so you can focus on the grieving process.

To read more about this terrible crime, read the full article in The SF Weekly. Image Via jurvetson [Flickr]


Kobe Bryant And Wife Sued By Housekeeper

Monday, September 28th, 2009

gamerscoreA former maid of Kobe Bryant is suing the basketball star and his wife for wrongful termination, harassment and verbal abuse. According to the maid, Maria Jiminez, Kobe’s wife, Vanessa, “badgered, harassed and humiliated” her and refused to pay overtime or health insurance. Maria said she performed housekeeping services for the family for up to 12 hours a day, six days a week. After only two weeks on the job, she claims Vanessa began verbally abusing her by yelling, screaming and criticizing her in front of the family and their other employees.

When Jiminez was hired, she was offered a salary of $50,000 and health insurance benefits for herself and her family. But when she learned she needed to get surgery for an ovarian cyst, she discovered she had no medical coverage at all. According to court papers filed by her Orange County personal injury attorney, her medical expenses cost over $120,000.

A judge in Orange County threw out part of Jiminez’s lawsuit as he felt her “intentional infliction of emotional distress” accusations were already covered by her “wrongful termination” claims. But overall, the court is letting the suit move forward.

The Bryant family is counter suing the 48 year old maid, claiming she broke her contract and acted in bad faith.

For more information, read the article in KTLA. Image via Gamerscore [Flickr]

Tila Tequila Plans To Sue After Domestic Violence Attack

Monday, September 14th, 2009

IMG_2569Reality TV star and internet celebrity Tila Tequila says she is planning to sue her ex-boyfriend, Charger Shawne Merriman, after the City of San Diego decided against filing domestic violence charges against the football player. The incident took place on September 5, when Merriman allegedly choked and restrained her. Merriman defended his actions by claiming he was trying to stop the reality star from drinking and driving. The DA refused to press charges based on a lack of evidence.

Tequila’s representatives explained their position to celebrity gossip site TMZ:

“Tila Tequila is the victim of a violent crime. The San Diego District Attorney’s decision not to press charges against Shawne Merriman for the battering of Tila Tequila demonstrates an unconscionable negligence in the discharging of their public duties. We strongly feel that justice has not been served in this matter.”

Since Merriman will not be held accountable in the criminal arena, Miss Tequila plans to make the issue a civil matter with by filing a lawsuit against her ex. With my experience as an Orange County person injury attorney, I can safely say that she has a much greater chance of holding him responsible in civil court than in a criminal case because there is much less evidence required.

To learn more about the matter, you can follow the coverage on E! Online. Image Via Philip Nelson, Live Streaming Expert [Flickr]

Toyota Accused of Concealing Evidence in Lawsuits

Monday, August 31st, 2009

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The feds have filed a racketeering lawsuit against Toyota Motor Sales. The company is in hot water after a former high-ranking attorney for the company has come forward accusing the company of illegally concealing evidence in SUV rollover lawsuits. Dimitrios P. Biller, former attorney for the motor group, has claimed the company routinely withheld crucial evidence in lawsuits against SUV and pickup rollover accidents.

Biller claims he lost his job with the company after confronting Toyota officials about this withholding of evidence. He says executives repeatedly informed him they were not interested in complying with their legal obligation to present damaging evidence in the plaintiff’s favor.

Biller further went on to say that he was instructed to withhold and even destroy electronic evidence in rollover lawsuits. According to the accusations, Toyota engineers were instructed to commit perjury while on the stand. Engineers claimed to be unaware of the dangers of the vehicle, however, the lawsuits point to instability caused by a high center of gravity and narrow track width. The lawsuits claim Toyota was aware of the problem and failed to disclose that the vehicle performed poorly in safety tests. The cars have been shown to flip over at speeds as low as 32 miles per hour. The lawsuits further assert that Toyota could have employed Electronic Stability Control and alternative roof designs in order to make the vehicles safer.

Toyota is attempting to have the record sealed in these racketeering claims, due to fears that Biller will expose privileged information about the company. The decision will affect over 300 rollover lawsuits.

If you are considering filing an SUV rollover lawsuit against Toyota, or if you already have, please speak with an Orange County personal injury attorney to discuss how this decision may affect your case.

To read more about the lawsuits, please read more about it at CBS News. Image Via Kevitivity [Flickr]

Facebook Facing Privacy Invasion Lawsuit

Monday, August 24th, 2009

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As an Orange County personal injury attorney, I frequently notice that most people associate the word “injury” exclusively with physical harm to the body -but it isn’t limited to this. Personal injury can apply to damage to the reputation or invasion of privacy as well, as evidenced in a recent lawsuit against the social media site Facebook.

The company is facing an Orange County personal injury lawsuit based on claims that the company violates California’s online privacy laws. The five users suing the company are claiming they were mislead as to the use of their personal information. The users filing the suit include two minors, a professional photographer, a model based in LA and another user from Orange County.

Facebook claims the suit is meritless, but only time will truly tell if the social media moguls will be brought down by these accusations or not.

For more information on the suit, please read the full article in the OC Register. Image Via Gauldo [Facebook]