Serious Injury Blog

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].

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].

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].

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.

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.