Personal Injury Newswire

Garden Hose Mishap Leads to $4.35 Million Settlement

Law Review Editor — Thu, 21 Aug 2008 22:02:00 GMT

A $4.35 million settlement has been reached in the case of a woman who tripped and fell over a garden hose in a newly-opened Lowe's store, reports the Visalia Times-Delta. The woman, a 71-year-old California resident, was a well-respected children's advocate who served as director for the Tulare County Office of Education Child Care Program. While browsing the flower department at Lowe's, she tripped over the hose, breaking her arm and hitting her head. She then suffered a stroke. She is paralyzed now on one side of her body, and lives in an assisted-care facility. According to the Visalia Times-Delta, the accident took place just 24 days after the Lowe's store opened.

Lawsuit Alleges Defects in Chevy Tracker, Bridgestone Tire

Law Review Editor — Fri, 01 Aug 2008 17:22:00 GMT

The Searcy Daily Citizen reports that the estate of an Arkansas woman has filed a civil lawsuit alleging that her death was caused by a defective radial tire, and by defects in her 2002 Chevy Tracker. The 20-year-old woman was killed in a one-vehicle accident when her right rear tire blew out, causing her car to careen into a highway median and flip over several times. She was ejected from her car and died at the scene of the crash. Two passengers survived the accident, which allegedly occurred in the absence of adverse road or weather conditions. The lawsuit claims that the tire carried a 50,000 mile warranty but had only 23,000 miles on it. The lawsuit, filed against Bridgestone and General Motors, claims that Bridgestone is aware of an abnormal volume of failures in its steel-belted radial passenger tires but that the company has negligently refused to remedy the problem. According to the Daily Citizen, the lawsuit also challenges the crash-worthiness of the Chevy Tracker and claims that design flaws caused it to roll over too readily.

Negligence Claimed in Floatplane Crash

Law Review Editor — Fri, 01 Aug 2008 16:58:00 GMT

According to the Seattle Post-Intelligencer, two Washington men have filed a personal injury lawsuit against the charter company that leased them a floatplane that crashed into Barkley Sound, located near Vancouver Island. One of the men's 13-year-old son was also a a passenger on the plane that plunged into icy waters in July 2007. The Post-Intelligencer reports that the pilot and passengers all successfully swam to nearby rocks, where they rescued by the Coast Guard. Although none of the victims suffered life-threatening injuries, they allege that the incident has left them with emotional trauma, sleeplessness, and neck pain. The lawsuit claims that the charter company negligently failed to provide them with adequate safety instructions, and that the pilot made an unsafe choice to land in the cramped, rock-strewn bay instead of choosing nearby open waters.

$230,000 Settlement Reached in Rodeo Injury

Law Review Editor — Wed, 30 Jul 2008 16:29:00 GMT

According to the Great Falls Tribune, a Melsone, Montana man who claims to have received a brain injury when working at a Yellowstone County rodeo has received a $230,000 settlement. The plaintiff allegedly was injured by a swinging gate when the gate's latch system failed to keep it closed. His lawsuit originally sought $3.2 million from the county and from the venue where the rodeo was held. The Great Falls Tribune reports that the settlement was reached following court ordered mediation. The lawsuit had been scheduled to go to trial this week.

Vytorin May Not Help Hearts, Might Cause Cancer Instead

Law Review Editor — Thu, 24 Jul 2008 20:43:37 GMT

According to the Philadelphia Inquirer, Vytorin, a heavily-advertised medication used to combat cholesterol, appeared to cause a spike in cancers in a recent European study. The medicine also failed to prevent complications from aortic stenosis, a serious condition in which blood flow to the heart is inhibited. Vytorin, which is jointly marketed by Merck and Schering-Plough, was effective in reducing cholesterol in test subjects, but the study also indicated that it didn't stave off the need for valve-replacement surgery or reduce hospitalization because of heart failure. The Philadelphia Inquirer reports that Schering-Plough's CEO believes the cancer risk to be a "deviant observation" and not clinically significant. Merck is said to be still assessing the study's impact on the drug's future.

Vioxx Settlement Reached for $4.85 Billion

Law Review Editor — Sat, 19 Jul 2008 15:05:00 GMT

According to the Philadelphia Daily News, drug giant Merck has agreed to a $4.85 billion settlement to be paid out to former users of Vioxx, a painkiller found to have serious cardiovascular side effects. Almost 50,000 claimants are expected to receive payouts ranging from $5,000 to several million dollars. The former blockbuster drug brought in a total of $11 billion before reports of heart problems culminated in its withdrawal from the market in 2004. The Philadelphia Daily News reports that Merck has spent $6.8 billion on Vioxx-related lawsuits.

Birthing Injuries Result in $18 Million Settlement from Feds

Law Review Editor — Thu, 17 Jul 2008 22:03:00 GMT

The Chicago Tribune reports that a Milwaukee, Wisconsin family is receiving an $18 million settlement from the federal government for their severe injuries received by their daughter as a result of negligent birthing care. The baby was born at a federally funded clinic. Federal attorneys originally claimed that although there may have been negligence, the U.S. government was not the responsible party. The infant was stuck in the birth canal and deprived of oxygen for 20 minutes. She now is developmentally disabled and has severe cerebral palsy as a result of her brain injury. The Chicago Tribune reports that the settlement will come from a fund that the feds maintain to back community health centers.

Over $15,000 Sought for "Flaming Shot" Burns

Law Review Editor — Thu, 17 Jul 2008 21:52:00 GMT

According to the Tampa Tribune, a 24-year-old woman is suing a St. Petersburg, Florida bar for serving her a "flaming shot" of Bacardi 151 proof rum which resulted in 3rd degree burns. The woman claims she was underaged at the time of the incident and should not have been served alcohol. The woman's father, an insurance executive, alleges that he has repeatedly sought a settlement with the bar, but that lack of progress in reaching an agreement has forced the filing of a personal injury lawsuit. The woman spat out the drink, causing the flames to expand. No flames would have resulted if she simply swallowed it, reports the Tribune.

Lawsuit Filed in Alabama Air Show Incident

Law Review Editor — Tue, 15 Jul 2008 22:35:00 GMT

According to the Huntsville Times, the family of three young children injured at the Huntsville, Alabama air show in June of 2008 have filed a personal injury lawsuit. One of the children, aged 6, suffered a head injury when tents at the air show toppled over in a severe thunderstorm. The others received cuts to the face. The child with the head injury is reportedly recuperating at home. An unrelated child was fatally injured in the incident. The personal injury lawsuit contends that air show organizers negligently failed to properly anchor the tents or to heed manufacturer's warnings that the tents were not supposed to be used as shelter in severe weather. The Huntsville Times reports that the lawsuit also accuses the defendants of not obtaining proper permits.

NYC Report Pokes Holes in Ground Zero Workers' Illness Claims

Law Review Editor — Tue, 15 Jul 2008 16:41:00 GMT

The New York Times reports that the a report by city of New York casts doubt on thousands of claims by firefighters, police, and construction workers who claim that they suffered illnesses as a result of working at Ground Zero, the World Trade Center location where the 9/11 terrorist attacks took place. Pending personal injury lawsuits claim that the city was negligent for not providing workers with proper breathing equipment. According to the New York Times, the city faces over a billion dollars in financial liabilities from the lawsuits, and has "ample reason" to minimize the workers' claims. Plaintiffs' attorneys claim some of their clients have suffered serious conditions like cancer, chronic pulmonary disease and sarcoidosis, as well as gastrointestinal and respiratory complaints. The city's report, however, concludes that many of the former workers are experiencing normal, common illnesses that cannot be blamed on their work at Ground Zero.

Banks Sued by Hezbollah Rocket Victims

Law Review Editor — Mon, 14 Jul 2008 21:54:00 GMT

According to Newsday, the Lebanese-Canadian Bank SAL of Beirut and the American Express Bank of New York have been sued by a group of American, Canadian, and Israeli citizens because of alleged money transfer activities leading to Hezbollah terrorist attacks against Israeli cities. The plaintiffs, whose ages range from 3 to 88 years old, were all injured in the rocket attacks, or had family members who were injured or killed. Their lawsuit alleges that the Lebanese-Canadian Bank "negligently provided extensive banking services to Hizbollah (sic), which caused, enabled and facilitated the terrorist rocket attacks in which the plaintiffs and their decedents were harmed and killed." The AMEX bank's role was that of a correspondent institution that converted the money to dollars. Newsday reports that the AMEX bank hasn't yet commented on the lawsuit, claiming they have not reviewed it.

Church-sanctioned Physical Restraint OK, Says Texas Supreme Court

Law Review Editor — Thu, 10 Jul 2008 21:10:00 GMT

According to the Southeast Texas Record, the Texas Supreme Court has ruled that pastors and members of a Texas church that restrained a teenager against her will for hours and forced her to say "Jesus" were protected by the First Amendment, and not liable for a $300,000 judgment awarded by a jury for her pain and suffering. The Southeast Texas Record reports that the woman, now an adult, is allegedly disabled because of the church-based trauma, and receives Social Security. The majority opinion stated, "the First Amendment does not cease to apply when parishioners disagree over church doctrine or practices." Dissenters argued that "the tort of false imprisonment is a religiously neutral law of general applicability."

Lawsuit Claims County Negligence in Signage Change

Law Review Editor — Thu, 10 Jul 2008 20:41:00 GMT

The Post-Bulletin reports that a Minnesota man's daughter has filed a wrongful death lawsuit in connection with a sign change that allegedly resulted in the man's death in Wabasha County. The 58-year-old man was fatally injured when a driver didn't stop for a stop sign, barreling into his car. The defendants include the driver of the car that crashed into the plaintiff's car, and the county of Wabasha. The lawsuit claims that the county negligently didn't alert motorists that there was a change in signage at the intersection. According to the Post-Bulletin, damages sought are in excess of $50,000.

City to Pay Out $550,000 for Faulty Drains in Mudslide Suit

Law Review Editor — Wed, 09 Jul 2008 23:08:00 GMT

In 2005, a retired nurse was standing in her kitchen stirring a pot of gumbo. It took mere moments for her to be swept off her feet by a massive mudslide that deposited her in a laundry room and trapped her under debris. According to the Santa Rosa Press Democrat, she will now be receiving a $550,000 personal injury settlement from the city of Santa Rosa, California, based on her claim that the city's modifications to its storm drain system caused the excess water to flow into her home. The Santa Rose Press Democrat reports that $104 million in property damage was caused by the mudslides, but that the 58-year-old woman was the only person with serious injuries. The woman suffered three leg fractures in the incident, and has undergone 10 surgeries to date. Her home has since been demolished.

Settlement Reached in Fatal Dust Storm Crash

Law Review Editor — Wed, 09 Jul 2008 22:41:00 GMT

The North Platte Telegraph reports that a settlement has been reached in the case of an 8-vehicle crash that took place in Nebraska in 2005. Three people lost their lives in the fiery pileup. Defendants in the case included a rural cattle operation, three trucking companies, and the trucking companies' drivers. The plaintiffs claimed that the cattle ranch neglected to perform erosion control practices that would have prevented thick dust from blowing across the highway, and also neglected to inform Nebraska state highway patrol about a massive dust storm that obscured the vision of the drivers. The wrongful death lawsuit also blamed the truck operators for careless driving. According to the North Platte Telegraph, the settlement was reached after potential jurors had already been selected.

$2.1 Million Lasik Malpractice Settlement Against Celebrity Physician

Top of My Class — Wed, 09 Jul 2008 15:59:00 GMT

News Release

Roseland, NJ (July 9, 2006) -- New Jersey medical malpractice lawyer David Mazie of Mazie Slater Katz & Freeman announces what is believed to be the largest settlement of a Lasik malpractice case in New Jersey history (and one of the largest Lasik malpractice settlements in the nation's history*) against famed eye physician Dr. Joseph Dello Russo and the New Jersey Eye Center. The $2.1 million settlement reached in Dell'Ermo v. New Jersey Eye Center and Joseph Dello Russo, M.D., Superior Court of New Jersey, Law Division, Bergen County, Docket No.: L-009074-01, is part of a group of 16 malpractice lawsuits filed against Dr. Dello Russo for negligently performing Lasik. This is the largest settlement of the group, and the only one in which the plaintiff would not agree to maintain confidentiality for the settlement.

The claims were brought by James Dell'Ermo (47 years old) of Bedminster, New Jersey and his wife, Lisa relating to Dello Russo's malpractice in performing Lasik surgery which has rendered Mr. Dell'Ermo legally blind (vision worse than 20/400 without corrective lenses); with contact lenses Mr. Dell'Ermo only has vision of 20/50. Dr. Dello Russo's malpractice relates to his failure to recognize that Mr. Dell'Ermo was not a candidate for Lasik and that he had steep corneas. By performing Lasik on Mr. Dell'Ermo, Dr. Dello Russo caused a condition known as ectasia to occur in Mr. Dell'Ermo's eyes. Ectasia is a progressive condition which will ultimately require Mr. Dell'Ermo to require corneal transplants in both eyes.

Dr. Dello Russo has promoted himself and his sons as "famous" eye surgeons, spending millions of dollars on radio and print advertising to promote their Lasik practice, and has continually maintained in the media that Lasik is a very simple and safe procedure, even performing Lasik live on Good Morning America. The Dell'Ermo case and its companion lawsuits are further evidence as to the questionable safety of Lasik procedures and the physicians who perform those procedures. In April 2008, the FDA conducted hearings and questioned the safety and effectiveness of Lasik.

*Mazie Slater Katz & Freeman, LLC is aware of a handful of verdicts outside of New Jersey which exceed the amount of this $2.1 million Lasik malpractice settlement, however, it is our understanding that those verdicts were reversed and ultimately settled for significantly lesser sums.

$33.5 Million Lawsuit Filed by Quadraplegic Woman Over Trampoline Injury

Law Review Editor — Sun, 06 Jul 2008 18:39:00 GMT

According to The Oregonian, a 20-year old Oregon woman whose neck was fractured while bouncing on a trampoline has filed a $33.5 million lawsuit. Defendants in the personal injury lawsuit include the hospital where she was treated, the manufacturer of the trampoline, and a youth pastor who was jumping with her when the incident took place. Her lawsuit alleges that the youth pastor should have known that his weight, significantly greater than her own, would cause her to fly through the air. The woman, who was 17 at the time of the accident, now has quadraplegia and uses a wheelchair. The Oregonian reports that the lawsuit also blames the medical center for the actions of a nurse who allegedly allowed the plaintiff to fall backward on her bad, causing her injury to be aggravated and possibly re-fractured.

Rap Artist Eminem Sued for Sucker Punching Fan

Law Review Editor — Sun, 06 Jul 2008 18:26:00 GMT

According to the Detroit News, a Michigan man who greeted rap artist Eminem in a nightclub men's room received a surprise punch to the face instead of warm hello. Now the man has filed a lawsuit against the singer, alleging that Eminem "without warning or provocation ... drove his fist in a violent punching manner" into his face. The complaint seeks over $25,000 in damages. The Detroit News reports that this isn't Eminem's first go-around as a defendant in a personal injury lawsuit. In the prior incident, Eminem pistol-whipped a man in another Detroit bar for kissing Eminem's ex-wife in public.

Lawsuit Claims Headrest Use During Surgery Caused Blindness

Law Review Editor — Sun, 06 Jul 2008 18:03:00 GMT

The Faribault County Register reports that attorneys are seeking dismissal of a malpractice lawsuit filed by a Wisconsin man claiming that medical negligence during surgery left him permanently blind in one eye. The plaintiff's attorneys allege that improper use of a headrest left their client improperly positioned during an operation on his spine, and that movement of his head resulted in traumatic injury to his eye. But the defendants' attorneys counter that no clear linkage has been demonstrated between the use of the headrest and the ocular injury. According to the Faribault County Register, the presiding judge took the defendant's motion to dismiss under advisement. The trial is scheduled to take place in spring of 2009.

Bullet Richochets at Target Range, Cop Files Suit

Law Review Editor — Sun, 06 Jul 2008 17:45:00 GMT

According to Newsday, a Suffolk County, New York cop has filed a lawsuit against his employers and against the manufacturer of a device used in a target range where he suffered an injury from an errant bullet. The bullet allegedly ricocheted off a turning target used in a close-quarter combat drill, striking the officer in the calf. Newsday reported that another Long Island police department switched to a different target manufacturer after noting similar problems with ricochet bullets. The fragments remain in the police officer's leg because physicians determined that additional nerve damage might result if they were removed. The officer is currently on restricted duty.