Posts Tagged ‘wrongful death’

Parents File Wrongful Death Suit Against Emergency Services

Monday, February 15th, 2010

The family of a varsity football lineman from Chapel Hill High School is suing Orange County, the ambulance medic and the Orange County Emergency Services after their son, Atlas Fraley, died from unknown causes. Their Orange County personal injury lawyer says paramedic James Griffin failed to provide adequate care to the boy, violated protocol and did not attempt to contact his parents before leaving him at home alone.

“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].

Experimental Botox Treatment Results In Suit

Monday, February 1st, 2010

While Botox is best known for its use in treating wrinkles, it is also used for a number of medical purposes, many of which are not officially endorsed by the FDA. Migraines and cerebral palsy are some of the many conditions that can be improved with regular injections of Botox, but these treatments, unfortunately, are not completely without consequence.

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].

Harrassing Debt Collector Sued By Widow

Monday, December 28th, 2009

Dianne McLeod says that harassing debt collection phone calls made to her husband ultimately resulted in his having a heart attack and dying. She claims the same debt collection agency would call up to ten times daily, making Stanley red in the face and have chest pains.

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.

Pop Singer Brandy Settles Wrongful Death Lawsuit

Monday, November 16th, 2009

ubrayj02The final lawsuit relating to a 2006 car accident involving pop star Brandy has finally been settled in a Los Angeles court this week. The singer/actress caused the four car pile up on Sepulveda Boulevard when she rear-ended Awatef Aboudihaj while going 65 miles per hour. The crashed caused a domino effect, which resulted in three wrongful death lawsuits and one personal injury case.

This last lawsuit, involving compensation to Aboudihaj’s parents, is the final settlement the pop star will go through after the event. While the terms of this settlement are unknown, Orange County personal injury attorneys report that the final award given to Aboudihaj’s children came out to $300,000 each.

To learn more about the accident see the article in Vibe. Image Via ubrayj02 [Flickr]

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]