Washington Injury Attorney Blog

A jury in Kitsap County Superior court is deciding the outcome of a lawsuit, Estate of Fred. E. Taylor v. Intuitive Surgical Inc., filed by the widow of Fred Taylor who was seriously injured during robot-assisted prostate surgery performed using a da Vinci robotic system made by Intuitive. The jury heard five weeks of testimony before going into deliberations yesterday.

Taylor's estate seeks $8.45M in damages from Intuitive Surgical Inc.

Taylor, who was 67 years old at the time of his surgery, suffered serious injuries during the robot-assisted surgery. His urologist, Dr. Scott Bildsten, was using the da Vinci robotic system unassisted for the first time since training when Taylor was injured. His injuries included a torn rectum, kidney and lung damages, memory loss, incontinence and a stroke. He lived for four years after the surgery but was unable to return to his normal life.

Previously, Bildsten had performed 100 prostatectomies using conventional surgery before Taylor's botched surgery.

Taylor's estate has already settled a medical malpractice case with the surgeon and hospital. The estate filed this lawsuit claiming that Intuitive was negligent in 10 different ways including misleading surgeons into thinking that surgery using a robot was easy and required but a day of training and providing inadequate training.

This is the first case of 26 lawsuits against Intuitive to go to trial and the outcome of the case is being closely scrutinized.

Robotic Surgery

There are approximately 400,000 robot-assisted surgery performed every year and the FDA is correspondingly receiving adverse event reports as there are more robot-aided surgeries before. Since 2012, there have been 500 adverse event reports including the deaths of five patients and reports of several patients suffering serious injuries.

A robotic surgery machine is a costly investment for a hospital. With a price tag of almost $1.5M and maintenance service agreements of $100K annually, there is an incentive for hospitals and surgeons to use the devices to recoup costs.

Continue reading "Jury decides case of man injured during robotic surgery" »

Linda Astorga has been awarded $75K by a Thurston County jury for injuries she sustained when her neighbor's dog bit her reports The Olympian.

Astorga filed a dog bite lawsuit seeking $25,000 in economic damages and $50,000 in other damages after her neighbor's dogs, which were running loose, attacked her and bit her in the calf on the driveway of her Tenino home.

Astorga's attorney said that she suffered permanent scarring after being bitten and that she is coping with ongoing Post Traumatic Stress Disorder (PTSD) after she was chased and attacked by the neighbor's dog.

The dog bite lawsuit went to trial and the jury voted in favor of Astorga by a vote of 10-2.

Washington Dog Bite Law

If you are bitten by the dog then the dog's owner is strictly liable for your injuries and you do not have to prove negligence, you only have to prove that your were bitten by the dog and were injured.

Dog bite injuries are on the rise because so many people take too few precautions in securing their dogs or training them. In Astorga's case, the dogs were running loose when they attacked her.

Children are often the victims in dog bite cases and the rate of injury is highest for children between the ages of 5 to 9.

Some dogs are inherently dangerous such a pit bulls because they were bred to be fighting dogs and they have powerful jaws that can do substantial damage.

Continue reading "Jury awards dog bite victim $75K" »

Washington state is experience some of the warmest weather in the country. The beautiful weather and the fact that boating season has begun means that a lot of people are boating and enjoying the many bodies of water in our state. Even though Western Washington expects to read temperatures in the high 70s it is important to remember that the waters are still cold and cold water can kill.

Unfortunately, two people died in two separate incidents on Washington waters over the weekend. On the Stillaguamish River, a man died after his raft overturned. And on Spanaway Lake, a man is presumed drowned after his inner tube flipped and he came out of his life vest.

According to Seattle's King5.com, there was also a water rescue off Ft. Worden State Park of a man and two girls.

When water is is under 50 degrees Fahrenheit, there are physiological responses that can happen if a body becomes immersed in the water.

Cold Water Shock

If a person lands in very cold water, they can go into shock. Their heart rate and blood pressure can go up resulting in a heart attack. Another thing that can happen is hyperventilation, or an involuntary gasp, which can cause a person to take on water.

Cold Incapacitation

Many boaters don't wear life vests because they think they can swim. They are over estimating their capabilities because if they end up in very cold water, they can become incapacitated as their core temperatures drops and they can no longer controls their arms or legs enough to keep themselves above water.

Hypothermia

Hypothermia is a condition when the core body temperature drops below a level needed to sustain life. Hypothermia can occur when a person swims or falls into cold water. Signs of hypothermia can include shivering, blue skin, slow respiration, slurred speech, muscle stiffness and cardiac arrest.

Continue reading "Drowning deaths in Western Washington" »

Consumer Reports will post the results of a study in June that reveals that testing of 257 samples of ground turkey in markets across the United States revealed that the 90% of the turkey samples showed contamination with a disease-causing organisms and more than 50% of the turkey samples were contaminated with fecal bacteria.

Bacteria such as e-coli and staph aureas found in the turkey have the potential to caused food poisoning and infections in humans.

According to Consumer Reports:

"Some bacteria that end up on ground turkey, including E. coli and staph aureus, can cause not only food poisoning but also urinary, bloodstream, and other infection."

A most worrying finding of the study is that many of the organisms that researchers found were resistant to antibiotics.

Turkey, like livestock, are often given antibiotics to promote animal health and growth. This practice can result in antibiotic-resistant bacteria and is a serious threat to human health.

Tips for Cooking or Preparing Food

To avoid food borne illness when cooking at home one should use the following precautions:

• Wash hands thoroughly before preparing food and after going to the bathroom
• Thoroughly cook eggs and meat and poultry
• Cook all foods to recommended internal temperatures, beef-160 degrees; poultry-180 degrees; fish 140-degrees
• Refrigerate unconsumed portions immediately in clean containers
• Consume only pasteurized dairy products and fruit juices

Continue reading "Consumer Reports: Ground turkey samples reveal antibiotic-resistant bacteria" »

This Saturday, the Seattle Police Department will be participating in the National "Drug Take Back Day". People can bring any unused, expired or unwanted prescription drugs to one of the five Seattle Police Department precincts between 10am and 2pm.

The "Drug Take Back" day is a coordinated effort with the U.S. Drug Enforcement Administration (DEA). It allows people to safely rid their homes of medications which could be stolen or abused.

The SPD accepts the prescription drugs on an anonymous basis and does not charge a fee for accepting the drugs. Last September, more than 2 million pounds of drugs were turned in across the U.S. at 5,200 "Take Back Drugs" sites.

Deaths to intentional and unintentional drug overdose and pharmaceutical drugs is a significant problem in the United States and has risen over the past decade. Some of the most commonly abused drugs are opiods which are contained in pain killers like oxycodone, codeine, morphine, hydrocodone and fentanyl.

In fact, prescription drug overdose kills more Americans than car accidents and is the leading cause of accidental death and in 2009, killed 37,485 people.

Accidental drug overdose are the highest in men between the ages of 20 and 64.

Ridding one's home of unused and unneeded prescription drugs can help subvert misuse and abuse. Many of those who have died of accidental overdoses took the medication from the medicine cabinet of a friend, a parent, or a grandparent.

Continue reading "April 27 is National "Drug Take Back Day"" »

A Tulsa, Oklahoma oral surgeon, W.Scott Harrington, egregious practices in sterilizing instruments and all-around unsanitary conditions in his dental practice has resulted in at least 60 of his patients contracting serious illnesses. The possibility of many more patients having contracted illness is a distinct possibility.

While investigators are trying to pinpoint all of the potential ways in which Dr. Harrington's patients were infected, the investigation so far has revealed that old needles and rusty instruments were used in treating patients. Susan Rodgers, executive director of the Oklahoma Board of Dentistry, said that what they saw at the Dentist's office made the investigators "physically kind of sick."

Because Harrington performed dental surgery including wisdom teeth removal which is invasive, patients may have been introduced to infection from unsanitary equipment through their tissue, blood and bones.

7,000 of W. Scott Harrington's patients have received letters recommended they be tested for illness including hepatitis b, hepatitis B and HIV. So far, 3,122 patients have been tested and it has been determined that 60 people have tested positive for a virus.

Three patients have tested positive for hepatitis B which is an inflammatory illness of the liver which can cause acute liver inflammation and may eventually cause cirrhosis of the liver and liver cancer. Symptoms of the illness begins with poor health, loss of appetite, vomiting, body aches, fever and later develops into jaundice.

One patient tested positive for HIV (human immunodeficiency virus) which is the virus known to cause AIDS which is a life-threatening failure of a person's immune system.

Fifty-seven patients have tested positive for hepatitis c which can lead to inflammation of the liver, cirrhosis, and lead to liver failure, liver cancer or other life-threatening illnesses.

Continue reading "Health department recommends oral surgeon's patients be tested for Hepatitis and HIV" »

A San Diego TV station reports that Marek Lapinski, 24, of San Diego died after from complications of having two wisdom teeth surgically removed.

Lapinski was undergoing a surgery that is routinely done on millions of Americans every year when he suffered cardiac arrest.

While death due to a wisdom teeth extraction is rare, deaths have occurred. Complications of anesthesia can include medication errors, oxygen deprivation during anesthesia, allergic reaction, post-operation infection and inhaling something into the lungs.

In Lipinski's case, Fox5SanDiego.com reports that a piece of gauze was found in his airway.

Lapinski's sister told Fox5 that she thought Lapinski's death may have been caused by too much anesthesia.

Lapinkski's family is reeling after the young man's death. At the relatively young age of 24, he had already accomplished so much, including launching a high tech company called T3D which allows cameras to produce 3D images on a screen.

Anesthesia Malpractice

An autopsy report on Lapinski is pending which will hopefully reveal the reason why he died.

When a patient undergoes surgery, anesthesia is used so that the patient does not experience pain. However, in rare cases, some patients suffer complications under anesthesia and these can include a hypoxic brain injury or traumatic stress if the patient experienced anesthesia awareness, a condition when the patient is awake and aware of the pain of surgery but is unable to communicate with the surgical team. While anesthesia is safe in most patients, approximately 1 in every 200,000 or so patients die as a result of anesthesia complications.

Anesthesia errors can occur if the anesthesiologist, nurse anesthetist or dentist does not properly monitor the patient, administers the wrong amount of medication or improperly intubates the patient.

Medical professionals must exercise a high level of care to prevent accidents which could result in a catastrophic outcome including brain injury, stroke, or death.

Continue reading "California man dies after wisdom teeth surgery" »

People age 75 and an older are at risk of a traumatic brain injury (TBI) due to a fall. TBIs are caused when there is a blow or jolt to the head. The number one cause of a TBI in the elderly are falls. As people age, they are at a greater risk of falling and the risk is greater with women than for men.

In the elderly, 75% of those who have fallen will fall again within the next six months.

Environmental hazards in the home are a leading cause of falls among the elderly. Throw rugs and poor lighting along with objects of everyday living can provide hazards which can make an elderly person more susceptible to falls.

Elderly people have changes to their bodies due to aging. Changes such as weakened eyesight due to cataracts, decreased muscle tone and strength as well as diminished flexibility can make them more prone to fall.

Seniors also take medications for conditions such as heart disease, high blood pressure or diabetes which can have side effects, cause dizziness or make a person more unsteady.

Preventing Falls at Home

Nearly half of all falls occur at home. Take the time to fall-proof your home or the home of an elderly person you care for to prevent falls. The following steps should help:

• Remove throw rugs or use non-skid pads to insure they do not get out of place and bunched up, causing a falls.
  
• Remove things from the floor that can cause a person to trip such as books, shoes, newspapers and clothes.
  
• Store frequently used items where they are easily retrieved and not in high places where a step stool, chair or ladder would be required to reach them.
  
• Install grab bars in the bathroom.
  
• Install non-slip bathmats in the shower and tub.
  
• Make sure the home is well lit and light bulbs are replaced.

Fall prevention classes can help the elderly identify causes of fall. Exercise is important as one ages to keep muscle mass, maintain one's balance as well as strength and agility.

Falls in Public Places

Half of all falls that elderly people experience are in places where they shop and or do business. Businesses owe a duty to anyone who visits to prevent accidents by keeping their property in good repair, providing adequate lighting and keeping the property free of dangerous or hazardous conditions.

In some cases, a property owner is liable for injuries a person suffered due to a fall. To provide liability in a premise liability case, the fall victim would need to show:

• The property owner did not keep the property in safe condition for example, not promptly cleaning up a spill.

  Continue reading "Slip, trip and falls in the elderly" »

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  Posted In: Brain Injury , Premise Liability , Slip, Trip and Fall , Spinal Cord Injury

Concussions are a common type of traumatic brain injury. The word concussion is commonly used when speaking of a sports injury but the word concussion is used routinely to describe any mild injury to the brain.

While a concussion may not seem severe, a new study by the New York University (NYU) Langone School of Medicine has found that it can result in structural damage to the brain. Often the symptoms of a concussion can be subtle and not easily recognized but it can cause problems with thinking, physical problems and emotional symptoms. Symptoms can include loss of consciousness, irritability, cognitive changes and problems with sleeping.

It is believed that concussions are under-reported and that 1.7 million people suffer a concussion in a given year. Common causes of concussions include severe whiplash due to car accidents, bicycle accidents, falls, and blows to the head. A brain injury can occur by acceleration alone without a blow to the head.

Dr. Yvonee Lui, neuroradiology section chief and assistant professor of radiology at NYU, followed 19 patients for a year after a mild traumatic brain injury. Using magnetic resonance imaging (MRI), Lui mapped a patient's injury a month after the initial injury and a year later. By looking at the images, Lui said that researchers found that the anterior cingulate cortex of the brain which regulates many autonomic functions in the body such as blood pressure and heart rate as well as cognitive functions had structural damage.

Researchers also found that the precuneus lobe of the brain which is involved with memory, spatial processing and other aspects of consciousness were also affected by a single concussion.

Other studies have shown that a person who has suffered a single concussion is more susceptible to another concussion. Athletes who have had multiple concussions from playing sports like football, volleyball or soccer, can suffer even more changes to their brains because of repeated concussions.

Continue reading "Concussions — a form of brain injury — may have lingering effects" »

A large digital sign board fell at an Alabama airport killing a young boy, Luke Bressette, and critically injuring at least one other person.

Fox4kc.com quotes a witness, Larry Snyder, saying that a family was crushed underneath the sign which is estimated to weigh between 300 and 400 pounds.

The accident occurred in a section of the Birmingham airport that had been recently renovated.

It appears that faulty construction or installation of the sign board may be the cause of this terrible accident. Our condolences go out to the Luke's family and those affected by this incident.

An investigation will most certainly discover the reason the sign fell and in what part of the design and build process failed to adequately fasten the sign to the wall.

This incident is reminiscent of the myriad of accidents we have seen where a TV or heaving piece of furniture has fallen, seriously injuring or killing a young child.

Most people aren't aware the hazards of improperly mounted TVs or, in this case, signage can pose to people.

In Seattle, we had three separate incidents of glass balcony railing panels falling from upper floors at the Four Seasons Hotel and Private Residences near Seattle's Pike Place Market to the sidewalks below. Luckily, no one was injured in these three incidents but one could easily see how a person walking below could have been killed.

Those injured in the incident and the young Luke's family will certainly have a claim against many parties because of the falling sign. They may have a claim against the construction company, the airport and the sign company among other potential liable parties.

Continue reading "Digital sign falls at Alabama airport crushing boy, injuring others" »

The Columbian reports that Kenneth Eugene Burgess, 49, of Medical Lake faces serious charges of driving under the influence, criminal mischief and reckless driving after driving his semi truck the wrong way on a Oregon highway and crashing into a car driven by Katherine Emerson, 24, of Vancouver, Washington.

Emerson is lucky to have survived the crash with the semi without serious injuries because her car is totaled and, when looking at pictures of her vehicle after the accident, it is mangled.

Head on collisions are some of the worst accidents because they often occur on highways at higher speeds. Every year, it is estimated that approximately 350 Americans are killed in head on accidents. Often, the survivors of head on accidents suffer serious injuries including multiple fractures, spinal cord injuries and traumatic brain injuries.

In the past few years, we have seen far too many head on accidents on northwest highways:

• In 2012, a Seattle boy was killed and members of his family were injured as the family traveled to Yellowstone for vacation when a drunken wrong way driver struck their vehicle.
• In 2011, a wrong way driver was killed and two other motorists were injured on Interstate 5 in Marysville.
• In 2011, Benjamin Cabral drove his car more than three miles on State Route 512, injuring Miguel Salinas.
• In 2010, an elderly woman drove her small sedan the wrong way on State Route 3, injuring two.
• In 2010, Orlando Rivera, 35, was killed in Pasco when Lori Christensen struck him after driving southbound in the northbound lanes of Highway 397.
• In 2008, Randall G. Trivett was seriously injured when a wrong way driver hit him on Highway 2 near Leavenworth.

These are but a few of the cases we were able to pull from our files.

According to the National Highway Traffic Safety Administration, about half of all wrong way accidents are caused by drivers attempting to make a U turn. The other major cause is driving while under the influence of alcohol or drugs. A less common cause is an elderly driver who either suffers from confusion or poor eye sight becoming confused.

Continue reading "Washington semi truck driver arrested for DUI after Oregon head-on accident" »

The Oregonian reports that a teenager who was burned during an MRI exam because a technician left metal discs on his body from an electrocardiogram has filed a negligence lawsuit against Oregon Health & Science University.

The boy, Aaron Lee, who was 16-years-old in September 2011, was undergoing testing to find the source of his abdominal pains at the medical center when the accident happened.

According to the lawsuit, Lee suffered burns to his chest which required skin grafting. He also suffered post-traumatic stress disorder after the painful experience.

Lee and his mother, Sharon, are asking for $30,000 in economic damages and $2million for pain and suffering.

This is one of several incidents of people being injured during an MRI exam. In 2010, the family of a 6-year-old boy was paid $2.9M in damages after their son was killed when an oxygen tank was brought too close to the MRI's magnetic field and struck the boy in the head. He died of a fractured skull and injuries from blunt force trauma.

MRI Exams

Magnetic Resonance Imaging (MRI) tests are commonly used to provide about problems that can not be seen using a traditional X-ray, ultrasound or CT because it provides a two-dimensional photo.

An MRI can be used to visualize the brain to look for damage after a motor vehicle accident or to look for tumors or bleeding after a stroke. It can also be used to check on problems with joints and bones as well as other internal problems.

Every year it is estimated that 10 million MRI tests are performed in the United States.

Because MRI machines use strong magnets, it is important that metal objects not come near the machines. The MRI technologist should insure that a patient does not have metal implanted on the body, that all jewelry is removed and the patient have no metal attached to their body. The technician should do a thorough screening of the patient before undergoing the test. Patients should be asked if they have a pacemaker, a cochlear implant, coronary stents and certain type of artificial joints. Patients with these devices are or even with certain types of tattoos are at risk for a burn injury during an MRI.

Continue reading "Lawsuit seeks $2M in damages for injuries suffered during MRI Monday, March 18, 2013" »