Washington Injury Attorney Blog

Karla M. Hernandez, 34, was inured in a Yakima motor vehicle accident on Saturday morning when a car driven by 18-year-old Miguel Pelcastre, also of Yakima, crossed the centerline and hit her vehicle head-on.

The motor vehicle accident occurred on Ahtanum Road around 5:50am reports the Yakima Herald.

The Washington State Patrol cited Pelcastre for negligent driving but according to the report, neither drugs or alcohol were involved. Pelcastre's injuries appeared to be minor

Washington State vehicle code RCW 46.61.525 "Negligent driving -- Second degree" can be cited if it is determined that the driver failed to exercise "ordinary care"; it is a traffic infraction and the motorist is subject to a $250 fine.

Washington State vehicle code RCW 46.61.5249 "Negligent driving -- First Degree" can be cited if the motorist is both negligent and endangers another person and exhibits signs that he or she consumed liquor or an illegal drug.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents due to the negligence of another. With our help, you may recover compensation for your damages which includes medical costs, loss of wages and for pain and suffering.

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Continue reading " Yakima woman injured in cross-over motor vehicle accident " »

Seattle Children's Hospital held a Patient Safety Day for more than 550 staff members including doctors, nurses and pharmacists in the hopes that it prevents medication errors that killed two young children in the last year; Zaia Kautner, 8-months-old, died after receiving 10 times the prescribed dosage of calcium chloride and Avery Plaster, a newborn, after receiving medication that was not authorized by a physician.

Eleven seminars out of the 28 seminars given focused on medication safety.

Other safety seminars included:

• Decreasing verbal orders
  
• Increasing safety of verbal orders
  
• Standardizing medications on care units
  
• Ordering, dispensing and administering high-risk medications
  
• How to deal with interruptions
  
• Peer-to-peer communications

The President of Children's Hospital said of the safety initiatives:

"It's so very important that we never forget that we harmed these children."

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people with medical malpractice claims who suffered serious injuries due medical errors committed by healthcare professionals including physicians, nurses and pharmacists. Medical errors are preventable events which results in injury to the patient. They can include misdiagnosis, medication errors, botched surgeries or infection.

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Source:
King 5 News
Doctors, nurses talk safety at Seattle Children's Hospital

Continue reading " Seattle Children's Hospital holding safety seminars after death of 2 children due to medication mistakes " »

International news headlines read like this today:

Italian docs get prison for surgery
Medics 'removed limbs for cash'
Italy jails 'clinic of horrors' surgeon'
Italian Surgeons get Prison for Unneeded Surgery'

Eight Italian doctors in all have been sentenced to prison for performing unnecessary surgeries which, in some cases, resulted in the death of patients. Charges against the physicians included involuntary homicide with aggravating circumstances of cruelty and social security fraud.

The surgeries performed included a mastectomy on an 18-year-old girl, lung removal and amputation. Surgeries were even performed on terminally ill patients for financial and professional gain.

Why did the doctors do it? Greed, money and reputation. The prosecutors claimed that 83 operations performed in a three year period were performed so that the private medical clinic would receive a large subsidy from the state.

In all, a total of 14 people associated with the Santa Rita clinic in Milan were indicted. Pier Paolo Bega Massone, the chief surgeon was sentenced to 15-1/2 years of prison. His two assistants, Pietro Fabio Presicci and Marco Pansera, were sentenced to terms of 10 years and six years and nine months respectively. Five people negotiated plea-bargains including the head of the clinic, Francesco Paolo Pipitone.

An investigation into the clinic started in 2007 with a tip from an anonymous source. The doctors were recorded by wiretap discussing how invasive surgeries would make them more money.

Have you been the victim of an unnecessary or botched surgery? If so, you should consult with a personal injury attorney with a specialty in medical malpractice. At the Farber Law Group, we have more than 30 years representing the victims of medical and surgical malpractice and families with their wrongful death claims.

In medical malpractice cases, the test is whether the professional's negligence in failing to meet professional standards was below the "standard of care."

Source:
The Seattle Times
"Italian doctors to get prison for unneeded surgeries"
Posted: October 29, 2010

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Dr. Jayant Patel a 60-year-old surgeon who was dubbed "Dr. Death" by some of his co-workers and former patients has been convicted of manslaughter in the deaths of three patients who died as a result of surgical malpractice in Australia. Patel was also convicted of grievous bodily harm to another patient.

Patel was a surgeon who practiced medicine at one time or another on three continents over 30 years. It was revealed during Patel's trial on manslaughter charges that he had a long and troublesome history of botched surgeries, misdiagnoses, post-operative complications, unnecessary surgeries and lawsuits, and patients deaths during his career.

Patel had been a surgeon in Oregon but had disciplinary action taken against him in that state after he botched many surgeries. After the discipline in Oregon, Patel moved to Australia where he obtained the position of Director of Surgery at Bundaberg Base Hospital. Patel's resume and work history were not properly vetted in Australia and while at the hospital, it is believed that Patel's incompetence contributed to at least 17 deaths and 31 injuries.

Patel left Bundaberg in 2005 and moved back to Portland, Oregon but he was extradited to Australia in 2008 to stand trial.

According to CNN, "no hospital or health department administrators were charged criminally." However it appears that the administrative structure at the hospitals where Patel practiced were very lax to allow him to continue performing surgeries with his track record.

The case of Dr. Patel has given health systems throughout the world a wake-up call. Physicians must be properly vetted and credentials checked before a physician is hired.

Another shift that needs to take place in hospitals across the globe is that clinical staff with legitimate fears and concerns should be able to speak up without workplace retaliation.

See the CNN website "World's Untold Stories" for the complete story entitled Dr. Death shockwaves ripple through Australia by Bill Wunner.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured by medical and surgical malpractice and families with their wrongful death cases. With our help, you may recover compensation in the form of a settlement for your damages.

In pursuing a medical malpractice case, the test is whether the medical professional's negligence failed to meet the standard of care in his or her profession and the patient suffered injuries due to the negligence.

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A teenage boy, 17, faces charges of vehicular manslaughter while intoxicated and may be tried as an adult in the drunk driving car accident that killed a 70-year-old pedestrian and injured 19 people riding on a Los Angeles Unified School District school bus. In Washington state the "vehicular manslaughter" equivalent is RCW 46.61.520 VEHICULAR HOMICIDE.

The Los Angeles Times reports that the teen may be tried as an adult but for now his name is being withheld because of his age.

The teen apparently was driving while intoxicated when he ran a red light and hit and killed Eduardo Gaytan, 70, in Boyle Heights.

The teen's BMW then broadsided a school bus carrying 18 Roosevelt High School students. The bus flipped on its side and students had to be pulled from the wreckage. The bus driver suffered serious injuries in the bus accident and many of the students suffered minor injuries.

The driver of the BMW and his two 14-year-old passengers were also injured. The two passengers may face conspiracy charges because they fled the accident scene. The definition is conspiracy is an agreement between two or more people to commit an unlawful or wrongful act.

The school bus was not equipped with seat belts because of an exemption due to its age. In 2005, California law required school buses carrying more than 16 passengers to have a three-point seat belt. The LA Unified School District has one of the oldest fleets of buses in the nation and buses in use before 2005 were not required to be retrofitted.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed. With our help, you may recover compensation for your damages.

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Continue reading " Teenager faces serious charges in hit-and-run accident that killed pedestrian and injured 19 on school bus " »

Jayme Lynn Davis, 42, of Bonney Lake, was found not guilty of Vehicular Homicide in the Tacoma car accident that killed her two sons, Jared, 8, and Jordan, 11 reports The News Tribune of Tacoma.

Davis had taken her two sons to a Monster Truck show in Tacoma on January 16th when her vehicle was t-boned on the Bay Street curve. Davis was charged with Vehicular Homicide because she admitted drinking two beers before for the accident though her blood alcohol content (BAC) was under the legal limit at 0.07.

Davis' attorneys argued that the blood draw was "flawed" and that there was no evidence that Davis was drunk at the time of the accident.

Jurors reviewed a video which was captured by a speed camera and that evidence along with the testimony of a witness gave a reasonable doubt that Davis was not at fault in the car accident. In criminal trials, the prosecution must prove their case where there is no doubt in the mind of a reasonable person that the defendant is guilty.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed.

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The Washington State Patrol accident investigative team is seeking witnesses to a Kennewick 3-vehicle accident which involved a FedEx van and two passenger vehicles.

According to the Tri City Herald, Karen Arbogast, 51, of Umatillia was critically injured when a FedEx van apparently ran a red light and collided with her van at Highway 395 on Hildebrand Road on October 19 around 4:15pm.

Arbogast was taken Harborivew Medical Center in Seattle where she was reportedly in critical condition.

A third vehicle -- a Toyota driven by Alex Teimoouri, 53, of Kennewick -- was also involved in the car accident.

The FedEx truck driver, Timothy Rieksts, 48, and Teimoouri were both treated at Kadlec Regional Medical Center in Richland.

The Washington Patrol is asking anyone who witnessed the accident or events leading up to the collision, to call Detective Sgt. Jerry Cooper at (360) 805-1192 or Detective Curt Ladines (360) 805-1160.

Red light violations are estimated to cause 260,000 motor vehicle accidents every year. Drivers often run stop lights when they are distracted or fail to see the red light. Drivers are more apt to run a red light during rush hour or when traffic is heavy.

It has not yet been determined what charges will be filed against the FedEx truck driver. If he was distracted, under the influence of alcohol or otherwise negligent, he could face criminal charges. If it is determined he was at fault, then he and his employer may be liable for the injured parties losses which could include medical costs, loss of wages and pain and suffering.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents due to the negligence of another.

Continue reading " Umatillia woman woman critically injured in collision with FedEx van " »

Mickey Gendler, who was paralyzed in a Seattle bicycle accident on the Montlake Bridge, has settled his negligence lawsuit with the Washington State Department of Transportation (WSDOT). The state has agreed to pay Gendler $8 million for the injuries he received in the 2007 bicycle accident.

Gendler was bike riding with his friend when his tire got stuck in a gap in the bridge deck, causing him to go over the handlebars. He suffered a severe spinal cord injury and was paralyzed from the neck down.

Gendler's lawsuit claimed that the WSDOT's build of the bridge was faulty because it had a seam in the bridge check which was 1/2 inch greater than design, wide enough to cause Gendler's bicycle tire to get stuck.

It was discovered that prior to Gendler's accident, another cyclist had a similar accident though not with such a severe outcome.

If a governmental entity fails to maintain a road in a safe condition or if a roadway was constructed with a defective design, a person who is injured in an accident caused by the defective roadway may be able to recover compensation for damages received in the accident.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed.

Source:
Seattle PI.com
WSDOT to pay $8 million over Montlake Bridge bike accident
Posted: October 25, 2010

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One of six employees who were indicted for physical and sexual abuse of nursing home residents at the Albert Lea nursing home was sentenced to 180 days in jail on Friday.

Brianna Broitzman, who was a teenager when the abuse occurred, was tried as an adult. Broitzman pleaded guilty to three gross misdemeanors and used the Alford Plea, claiming she was innocent but acknowledged that there was enough evidence to obtain a conviction.

Broitzman will also be required to stay away from vulnerable adults, serve two years of probation and perform community service as well as undergo a psychological examination and write letters of apology to the families of three victims.

The Albert Lea nursing home sexual abuse case has made national attention because of the callousness the abusers, who were all young women, showed to their victims.

The victim's family members gave victim impact statements to the court and described how their family members were tortured and tormented by their caregivers. Some of the victims suffered personality changes because of the abuse.

A civil suit has been filed by some of the victims and their families against the operator of the nursing home and four of the Certified Nursing Assistants (CNAs) at the residential center. The nursing home abuse lawsuit claims that some of the aides had knowledge of the abuse going on at the nursing home and failed to report it though they were Mandatory Reporters.

The civil lawsuit claims that the Evangelical Lutheran Good Samaritan Society that operated Albert Lea has direct liability for negligent management, supervision and failed to provide reasonable care for the protection and well-being of the residents.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent the victims of nursing home abuse and the family of those who have died.

Source:
Albert Lea Tribune.com
Broitzman gets 180 days
Published October 22, 2010
http://www.albertleatribune.com/2010/10/22/broitzman-sentenced-to-60-days-in-jail/

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Police are investigating the fatal pedestrian accident near Lake Goodwin in which an unidentified man between the age of 18 and 25 was killed.

According to , the Stanwood pedestrian accident occurred shortly before 3:30am on 156th Street Northwest near Lakeview Avenue. Upon arriving at home, an unidentified 20-year-old woman reported to her parents that she thought she hit an animal. Her parents went back to the accident scene and found the body of a man and called 911.

Police say they do not believe alcohol or speed was a factor in the pedestrian accident.

Washington state law calls for any motorist involved in an accident in which a person is injured or killed or in which there is property damage to stop and render emergency aid or exchange information. Every hit and run accident case is unique and charges depend on what happened in the accident. Felony hit and run charges may be made pursuant to vehicle code RCW Chapter 46.52 if a person is killed in an accident and the driver left the scene.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in pedestrian accidents and the family of those killed.

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A scuba diver who was left at a dive site while on a scuba diving excursion was awarded $1.68M in a negligence lawsuit after a jury found Ocean Adventures Dive Co. and Sundiver Charters at fault in abandoning Daniel Carlock 12 miles off of the shore during a chartered dive.

The Los Angeles Times reports that Carlock was with 20 other scuba drivers who were diving off the Long Beach, California coast. Carlock had to surface because of a problem with his ears but was unable to make it back to the vessel. Although he blew on his safety whistle and waved at the boat, no one noticed he was absent from the dive party. When the dive party left the dive site, Carlock was marked present on the roster by the dive master. When the group did a second dive at another location, Carlock was again marked as present by the dive master.

Carlock reportedly drifted for five hours before a tall ship carrying Boy Scouts rescued him. Carlock suffered post traumatic stress syndrome after the ordeal and also developed skin cancer he attributes to exposure to the intense sun.

The jury found that the dive company was negligent and awarded Carlock $2M which included a pain and suffering award. However, the amount was reduced to $1.68 because of a finding that Carlock was partially responsible for the accident because he did not surface closer to the vessel.

The dive industry has changed their standards after Carlock's incident, requiring visual verification and redundancy in counting divers.

In a general negligence lawsuit, an injured person may seek compensation for injuries if a reasonable person had negligent behavior which resulted in the injury. In Carlock's case, it certainly was negligence by the dive master to mark him present without confirmation and it was reasonable for Carlock to assume that being abandoned at the dive site was not a reasonable risk inherent in diving.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have suffered injuries due the negligence of another. With our help, you may recover compensation for your damages.

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The Texas Department of Health Services has shut down all food processing by a San Antonio plant after four people died after contracting listeriosis after eating celery that had been processed at the Sangar Produce and Processing plant.

In addition to the four deaths, Texas health department authorities believe that six other people contracted listeriosis due to eating contaminated celery.

Listeriosis is a food-borne illness caused by the Listeria monocytogenes bacteria which is found in soil, water and in animals. Vegetables can become contaminated if soil or manure is used as fertilizer.

According to the Centers for Disease Control, approximately 2,500 people contract listeriosis every year and it is a factor in 500 deaths per year. People with compromised or immature immune symptoms, including small children, the elderly and people with underlying disease. Pregnant women are more susceptible to the illness and contract it at a rate of 20 times greater than other adults and it can cause the death to the fetus.

Symptoms of listeriosis can last up to 10 days and include fever, muscles aches and vomiting. One of the side effects of the infection is that it can spread to the nervous system, causing meningitis.

The Department of Health can close down a plant if it believes that products supplied by the plant are "an immediate and serious threat to human life or health."

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have become seriously ill due to a http://www.seattlecaraccidentlawyerblog.com/Washington food-borne illness including those sickened from restaurants or through processed food. With our help, you may recover compensation for your damages including medical costs and for pain and suffering.

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The Seattle Times reports that Koti Hu, 30, has been awarded a $30M in damages by a King County jury in the Seattle-area car accident that left him paralyzed.

Hu described his injuries on his website, codywho.com:

"My neck was broken by severe whiplash in the force of the collision, and my spinal cord badly damaged. I am now paralyzed, a C5/6 tetraplegic with severe, chronic neuropathic pain. It is very difficult. "

Hu's car accident occurred on an Interstate 405 on-ramp in July 2007. A private painting truck rear-ended his vehicle leaving Hu with catastrophic injuries. After the motor vehicle accident, Hu requires care and suffers a lot of pain. Before the accident, Hu was a musician who played several instruments and regularly performed at his church. Hu describes his condition:

Now, I live my life in a wheelchair, I can’t use my fingers, and I can’t walk.

Hu's legal team claimed that the design of the meter on-ramp was flawed which was a huge factor in the car accident. The jury agreed.

The jury found that the Department of Transportation (DOT) was 40% responsible for the accident and awarded Hu $12M from the DOT. The company that owns the painting truck was determined to be 60% responsible.

Products liability law describes tort liability which provides that a manufacturer or seller of a product that injures a person or user of the product may be held liable. Even highway design can involve products liability law if that highway was poorly designed and a person suffered injury. In Hu's case the jury found that negligent design by the Washington DOT contributed to the cause of the car accident.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm that represents clients throughout the Pacific Northwest with their injury accident claims.

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What is Whiplash?

WHIPLASH

Continue reading " Man paralyzed in I-405 car accident awarded $30M in claim against DOT and painting company " »

The U.S. Consumer Product Safety Commission along with Graco Children's Products Inc., has issued a voluntary recall of older models of Quattro™ and MetroLite™ strollers have reports of four infants deaths due to strangulation. The CPSC also has five reports of babies being entrapped in stroller resulting in cuts and bruises.

The CPSC says that the risk to babies under 12 months of age is entrapment and strangulation when babies pass through the opening between the stroller tray and seat bottom. A babies' head can become trapped at the neck.

The recall involves strollers manufactured before 2007. According to the media release, in January 2008 the stroller industry set a standard which adjusted the height of the opening between the stroller's tray and seat bottom.

If you had an incident with a product, the CPSC would like you to report it using their web-form.

The Washington State Products Liability Act, WPLA. RCW 7.72, contains a set of rules which concern a manufacturer's responsibility for the manufacture and or sale of defective or dangerous products to consumers. If an injury or death occurs, the consumer has protections under the law and may be able to obtain compensation for damages.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a Seattle products liability firm representing victims of dangerous or defective products and their families.

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On August 24, 2010, DePuy Orthopedic, a subsidiary of Johnson & Johnson issued a recall of ASR XL Acetabular System, a hip socket used in hip replacements, and the ASR Hip Resurfacing System.

If you or a family member had a hip implant or resurfacing procedure since 2003, you should take the following steps as your health could be affected:

1. Determine what kind of hip implant you had - contact your orthopedic surgeon or the hospital where your surgery was performed to determine if your implant was involved in the DePuy Hip Recall.
   
2. Determine whether your hip was one of the Defective Hip Implant Devices recalled - The DePuy Hip Recall involves all of the devices  used in DePuy Orthopaedics, Inc.'s ASR™ XL Acetabular System and DePuy ASR™ Hip Resurfacing Platform. Read "How do I know if I have a DePuy Hip Implant?"
   
3. Determine whether you have any adverse health effects due to your hip implant -- The DePuy Hip implant effects people in varying degrees. You should consult your physician so that he/she can do some baseline tests which may include blood tests for cobalt or chromium and also xrays or scans of your hip. Symptoms of a hip implant failure may include broken bones, pain, infection, inflammation, hip joint and hip joint dislocation. Symptoms of metal poisoning from cobalt or chromium is called metallosis Read What does a metallosis diagnosis mean? for more information about the symptoms of metallosis.

Answers to your Questions:

• How many people are effected by this recall? Up to 12,000 people who received a hip implant manufactured by DePuy may now require a 2nd surgery to replace their hip replacement. A study published by Dr. Steven S. Tower, M.D., in The Journal of Bone and Joint Surgery (American) estimates that’s 1 out of every 8 hip replacement patients of 93,000 with the DePuy device will require a revision surgery.
• Should I seek the advice of a Personal Injury or Product Liability Lawyer? Every patient who has undergone a hip replacement surgery with a defective implant is an individual. At The Farber Law Group, we will ensure that your rights are protected, that you receive top notch medical care and that you receive compensation for your medical costs, loss of income and for pain and suffering.
• What if a DePuy Orthopaedics, Inc. representative contacts me? The Farber Law Group advises you not to speak with an agent of DePuy Orthopaedics or their parent company, Johnson & Johnson. And, you should not sign any documents without first consulting with a personal injury attorney to ensure your rights are protected.

The DePuy Orthopaedics ASR hip implants have placed thousands of patients at risk for a myriad of medical complications both in the present and in the future. Hip replacement surgery is both painful and expensive and it involves a hospital stay and lengthy rehabilitation. If a defective hip implant has affected your health, you deserve compensation.

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The Washington State Patrol is investigating a Highway 12 motor vehicle accident in which a car and a semi-truck collided.

The Union-Bulletin of the Walla Walla Valley reports that a car driven by Rodolfo Rodriguez, 37, of Pasco ran a red light and collided with a semi truck which was turning onto the Highway.

Rodriguez was injured and taken to Lourdes Medical Center in Pasco. His passenger, Maria Prado, 40, also of Pasco, was taken to Kadlec Medical Center in Richland.

The semi truck driver, Stephen Martinez, 24, of Pasco, was not injured in the motor vehicle accident.

Washington State Vehicle Code RCW 46.61.055 states that you may not enter an intersection if the light is red. The code states:

 Vehicle operators facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection control area and shall remain standing until an indication to proceed is shown.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed

Continue reading " Man and woman injured in Pasco accident involving semitruck " »

Shane Thomas Mitchell, 21, of Ellensburg was killed in a U.S. Highway 97 car accident near Blewett Pass on Sunday evening.

The Yakima Herald reports that Mitchell's Subaru Impreza crossed the centerline, striking a guardrail and hit a Dodge pickup driven by Donald Emory Wheeler, 48, of Wenatchee around 7:40pm.

Wheeler suffered facial lacerations in the motor vehicle accident and was taken to Central Washington Hospital in Wenatchee.

The report said that both men were wearing seat belts. The State Patrol is investigating the cause of the accident to determine whether alcohol or drugs were involved.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed.

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A physician was suspended along with an operating team at Rhode Island Hospital after a post-operative scan of a patient's head revealed that a piece of a medical drill bit was left in the patient's head during surgery. The piece of drill was discovered two days after the unidentified patient underwent surgery.

The Rhode Island Department of Health is investigating the incident and the surgeon and the operating room staff was suspended.

Leaving objects in a patient's body is one type of medical malpractice. Surgeon Atul Gawande published a study in the New England Journal of Medicine which estimates that approximately 1,500 surgical objects are left inside surgery patients every year.

Surgical sponges are the most common foreign objects left inside a person's bodies of those patients who filed medical malpractice claims. Other items left include clamps, retractors and electrodes. Location of left surgical equipment include the abdomen, pelvis, chest, thorax, vagina, spinal canal, face, brain and extremities.

Physicians usually have to perform a second surgery to remove left items because they can cause complications including infections, tears and obstructions.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent victims of surgical malpractice and medical negligence and the family of those who have died. With our help, you may be able to obtain compensation for your damages including medical costs, loss of wages and for pain and suffering.

Source:
CNN Health
Hospital: Drill-bit piece accidentally left in patient's head
Posted: October 14, 2010

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The Spokesman-Review reports that Jennifer C. Ellington, 28, of Newport may be charged with vehicular assault in the Spokane-area car accident that injured her two passengers, a 15-year-old girl and a 9-year-old boy as well as the driver of a car that she rear-ended.

According to the report, Ellington was driving southbound on Newport Highway around 6:30pm Friday night when she rear-ended a Mercedes driven by Albert R. Westover, 41, that was stopped for a traffic light. The force of the impact pushed the Mercedes into a Honda Civic driven by Jamie Cutshall, 18, of Usk. Westover was also injured in the crash.

Ellington was treated for her injuries at the accident scene. Westover and Ellington's two passengers were taken to Providence Holy Family Hospital for treatment. All three vehicles were totaled.

Police believe that Ellington may have been under the influence of drugs or alcohol at the time of the motor vehicle accident. Washington State Vehicle Code RCW 46.61.522 Vehicular Assault provides that a driver can be charged if he or she seriously injures someone while driving recklessly, driving under the influence of alcohol or drugs or driving with reckless disregard to the safety of others.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent the victims of drunken drivers and their families. With our help, you may recover compensation for your damages.

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James Conwell, a carpenter, has received a $1.477 million settlement for the serious injuries he received in a construction accident when he fell from a ladder and a beam hit him in the head.

A press release by Conwell's attorneys reported that Conwell suffered permanent and serious injuries including persistent migraines, neck pain and tinnitus.

Conwell's construction accident lawsuit claimed that James McHugh Construction Company provided inadequate ladders and did not follow the safety program and procedures as outlined in their safety program.

OSHA regulations require that companies must comply to their own safety program and and they must make reasonable inspections of their premises.

Conwell's wife, Roberta, was awarded $105,000 for loss of consortium. Loss of consortium can be awarded to a spouse of an injured person if the injury renders a person from having normal marital or sexual relationships due to their injury.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent construction accident victims and their families. With our help, you may recover compensation for your damages.

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The News Tribune of Tacoma reports that a man was killed in Washington state logging accident this morning, 12 miles east of Buckley. The logging accident occurred in a heavily forested area. Buckley is a small community located 15 miles east of Puyallup.

According to the report, the Buckley logging accident occurred some time before 10:30am this morning when a tree fell on the man. No other details of the accident were immediately provided.

Approximately 67% of logging accidents are caused by falling tree limbs, trees or logs falling off of a truck. Other accidental fatalities involve equipment like chainsaws, vehicles and lightning. The most common time for a logging accident is between 10-11am and 1-2pm.

Logging is one of the most dangerous occupations and has the highest fatality rate of any other occupation after commercial fishing. Loggers have difficult jobs working with heavy equipment and massive weights, often on uneven terrain in all kinds of weather conditions. Even the most experienced logger can become seriously injured or even killed.

If you or a loved one has been injured in a logging accident, or a loved one has been killed, you should contact a construction accident lawyer. The Seattle construction accident attorneys at The Farber Law Group can help navigate the laws regarding work-related accidents and wrongful death.

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The Federal Drugs Administration (FDA) has issued a health warning saying that
bisphosphonate drugs such as Fosamax© and Boniva are linked to rare fractures of the femur. The fractures occurred right below the hip joint and are extremely rare.

The FDA has issued a brochure Possible Fracture Risk With Osteoporosis Drugs to patients and physicians which warns of the femoral fracture. The FDA says that the fractures may be related to prolonged use of the medication, five years or more.

Biophoshonates have been prescribed since 1995 to prevent and treat osteoporosis. The FDA says it is not clear if the drugs are the cause of the bone fractures. For now, they are advising patients and physicians to pay attention to symptoms that might occur prior to a fracture including a dull or aching pain in the thigh or hip.

A patient who suffers this type of fracture might have a valid medical malpractice claim if their physician failed to warn them of the side effects and left them on the medication without warning them of potential risks.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have suffered serious injury due to dangerous products and also victims of medical malpractice. With our help, you may recover compensation for your damages including pain and suffering.

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The Centers for Disease Control (CDC) estimates that 1,800 people living in nursing homes die due to fall-related injuries every year. On average, a nursing home with 100 beds reports 100 to 200 falls each and every year. The CDC believes that many falls go unreported.

Falls can cause serious injuries. In fact, 2 to 6% of falls result in a fracture.

Causes of nursing home falls:

• Muscle weakness - 24%
  
• Environmental hazards such as wet floors, poor lighting, improper bed height and improperly fitted or maintained wheel chairs - 16-27%
  
• Medications - sedatives or anxiety drugs can increase fall risk
  
• Moving from bed to chair
  
• Poor foot care
  
• Improper shoe fit
  
• Incorrect use of walking aids

Nursing homes have a responsibility to care for the elderly patients under their care. Fall prevention interventions include assessing patients and their risk factors; staff education; implementing bed alarms in the rooms of at-risk patients; providing hip pads to at-risk patients; insuring a proper physical environment for patients including properly fitted grab bars, handrails, toilet height and proper lighting.

In the past, nursing home routinely restrained patients. However, studies found that restraining patients lead to reduced physical functions and muscle weakness. Since Federal Regulation prohibited the routine use of restraints, fall-related injuries actually reduced.

Some successful nursing home negligence cases have included a case where employees turned off a bed alarm, a case where a patient was dropped when being transferred from bed-to-chair and a case where there were hazards in the hallway.

This information is provided by Washington Injury Attorney Blog a service of The Farber Law Group. We represent people who have been seriously injured due to nursing home abuse and neglect. Signs of nursing home neglect can include falls, bedsores and abuse.

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Melissa Jackson, 23, an Emergency Medical Technician in New York City, has been charged with official misconduct in the death of Eutisha Rennix, 25, who died of complications of an asthma attack. If convicted, she faces prison time.

The New York Daily News reports Jackson failed to come to the aide of Rennix when Rennix had an asthma attack at the Brooklyn restaurant she worked.

Jackson and her partner EMT, Jason Green, were in line at the Au Bon Pain when Rennix became ill. Jackson phoned a EMT dispatcher but she nor her partner came to Rennix's aide; Rennix later died at the hospital along with her premature baby.

Emergency Medical Technician are health care providers trained to provide pre-hospital and emergency medical services.

Rennix's family has filed a wrongful death lawsuit against New York City. A wrongful death lawsuit can be brought on behalf of a loved one who has died due to the wrongful or negligent act of another. The plaintiff's attorney said that the criminal prosecution of the EMT "will set an example for emergency medical workers throughout our country that if you refuse to provide needed emergency medical help, you will be criminally prosecuted."

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm who represents clients with wrongful death claims and medical malpractice cases.

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Kirotv.com of Seattle reports that a man was killed when he was hit by an Amtrak train in Sumner, Washington.

According to the report, the Sumner train accident occurred Zehnder Street at 6pm in downtown Sumner.

The unidentified train accident victim is described as a 40-year-old man.

Sumner is located east of Tacoma near Puyallup and Bonney Lake.

There have been 16 people killed on BNSF train tracks in Washington so far this year.

Pedestrian accidents on train tracks are devastating to the railroad workers and to the families of the deceased.

This type of pedestrian accident can occur when a person only thinks about one train crossing at a time. Accidents like this occur when the first train has passed and a second train comes by on a parallel track.

A week ago, a 17-year-old Minday Doster was killed while walking near a BNSF Railway line. In that train accident, Doster was not on the track but she was struck by an overhanging part. Trains can overhang their tracks by at least three feet and items like hooks and other components can hang off the sides and hit a person.

To be safe, people should not walk near train tracks and only cross them at designated pedestrian or roadway crossings, observing all warning signs and signals.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in Seattle train accidents and the family of those killed. With our help, you may recover compensation for your damages.

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The Seattle Times reports that a Seattle woman, 39, was hit and killed in a Edmonds pedestrian accident on Aurora Avenue in Edmonds around 1:30am this morning.

According to the report, the pedestrian accident occurred in the 21400 block of Aurora.

The driver of the car called 911 and stayed at the accident scene. Police are investigating the cause of the pedestrian accident but they did not make any arrests.

The focus of the investigation will probably focus on whether the driver or the victim were under the influence of alcohol at the time. They will also determine whether the motorist was speeding, whether the victim was in a crosswalk and was wearing clothes that made her visible.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in pedestrian accidents and the family of those killed.

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The U.S. Food and Drug Administration along with Abbott has announced of recall of Similac, Isomil and Go & Grow powdered infant formula after the presence of a common beetle was found in the product which could potentially cause a foodborne illness in a baby.

The FDA says that the formula containing the beetles pose no immediate health risk but babies who drink the formula which contains beetles or larvae could experience gastrointestinal discomfort including diarrhea or refusal of food.

Pediatric Associates with offices on the Eastside including in Bellevue, Factoria, Redmond and Sammamish recommends that babies who have symptoms of nausea, diarrhea or refusal to eat for more than a few days should contact their physician.

You can find out whether your baby's formula has been recalled b:

• Search the FDA's database
  
• Visit Abbott's web-site and type in the lot number
  
• Call Abbott at 1-800-986-8850

There have been some complaints that Abbott did not list some of the recalled products on their web-site and that the Abbott web-site could not handle the demands of customer visits and calls. Some parents have complained that after they requested return shipping labels for the product, the labels took more than 10 days to arrive.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a product liability law firm and we represent clients who have been seriously injured due to a dangerous or defective product.

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Manh Van Nguyen, 94, of Laguna Woods was killed when his 81-year-old roommate, William McDougall, beat him to death in the nursing home where they both lived.

According to The Farber Law Group. We represent people who have been seriously injured and the families of those killed due to the negligence of another.

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The U.S. Consumer Product Safety Commission along with Tabletops Unlimited has issued a voluntary recall of Castalon cast iron frying pans.

According to the media release, the enamel coating of the pans can break off after use which poses a burn hazard. There has been one report of a consumer suffering a burn injury.

The frying pans were sold at Bed, Bath & Beyond and Wegmans between May 2010 and September 2010.

Consumers should contact Tabletops Unlimited toll-free at (888) 239-2021 between 9 a.m. and 5 p.m. PT Monday through Friday, or visit the firm’s website at www.ttucorp.com to obtain information on how to obtain a refund.

Every year, dangerous or defective products injure thousands of consumers. Washington State has a Products Liability Act, RCW 7.71, which allows a consumer who is injured by a defective or dangerous product to obtain compensation for their damages.

This information is provided by the Seattle Product Liability Law Firm, The Farber Law Group. We represent people who have been seriously injured and the family of those killed due to dangerous or defective products.

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A study conducted by the Highway Loss Data Institute (HLDI) find that laws against texting and driving do not reduce the incidence of car accidents. In what seems like a counter-intuitive result, the study found that car accidents actually went up in four states where texting and driving bans were enacted.

"Texting bans haven't reduced crashes at all. In a perverse twist, crashes increased in 3 of the 4 states we studied after bans were enacted. It's an indication that texting bans might even increase the risk of texting for drivers who continue to do so despite the laws." -- Adrian Lund, president of both HLDI and the Insurance Institute for Highway Safety.

The accompanying chart shows the number of car accident insurance claims per 100 insured drivers prior to and after Washington's cell ban went into effect which is Vehicle Code RCW 46.61.668 "Sending, Reading, Or Writing a Text Message While Driving." Washington state is the red light and the graph compares it with the number of accidents in Idaho and Oregon.

It seems like drivers are just not complying with texting bans. The new laws seems to make motorists more secretive about their texting so they hide their cell phones in their laps which causes them to keep looking down.

Source:
Highway Loss Data Institute
Texting bans don't reduce crashes; effects are slight crash increases

Posted: September 28, 2010

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in Seattle motor vehicle accidents caused by the negligence of another. With our help, you may recover compensation for your damages.

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A man who was working on a construction project at 17305 Highway 99 in Lynnwood was seriously injured when he fell from scaffolding. The Lynnwood construction accident occurred around 8:25am.

The HeraldNet reports the injured man was taken to Harborview Medical Center in Seattle. His condition is unknown at this time.

The Department of Labor and Industries is investigating the cause of the construction accident. The United States Department of Labor reported 88 scaffold accidents that resulted in deaths in 2007. Every year, there are approximately 4,500 construction injury accidents attributed to scaffolding. Many scaffolding accidents are attributed to either the planking or support giving way, the worker slipping or from falling objects.

OSHA investigates most scaffolding accidents to determine if the accident was caused by faulty scaffolding design or construction or the lack of safety precautions.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in construction and industrial accidents and the family of those killed.

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Shawna Hardesty, 37, of Buffalo City, Wis. Is charged with felony intentional abuse of a nursing home patient. According to a report in the Winona Daily News, Hardesty punched a 93-year-old patient several times in the head leaving the patient with a large bruise.

Hardesty allegedly punched the woman numerous times . According to the woman, "Every time she comes in this room, I get a biff."

Hardesty was a certified nursing assistant (CNA) at St. Michael's Lutheran Home in Fountain City. She apparently was suspended after the elder abuse was reported and later fired.

The Lutheran Home administrator, Dean Dixon, said that the CNA job is stressful and every couple of years, there are reports of patient abuse in the home. Said Dixon:

"There will be times when things happen," Dixon said. "We all wish it wouldn't happen at all, but in the real world it does happen."

CNA's are people who are trained to assist patients with activities of daily living and providing bedside care under the supervision of a Licensed Practical Nurse or a Registered Nurse.

Nursing home abuse or neglect hurts some of the most vulnerable adults in our society. Abuse can result in serious injuries and sometimes death. Symptoms of nursing home abuse or neglect can include broken bones, unexplained bruises, dehydration, bedsores, medication errors, infections, sexual abuse and physical abuse.

Employees of nursing homes, nurses, doctors and others are considered Mandatory Reporters and they are legally obligated to report any signs of abuse or neglect.

If you or a loved one has been seriously injured or a loved one has died due to nursing home abuse or negligence, contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect. With our help, you may recover compensation for your damages.

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A wheelchair bound woman who was seriously injured twice while being transported aboard King County Access vans has reached a $1.8M settlement with two sub-contractors who were responsible for her injuries.

According to a report by Levi Pulkkinen of the Seattlepi.com, the woman used Metro Access vans because she was disabled.

The woman suffered a broken femur in 2006 when the Access van driver failed to adequately restrain her in her wheelchair and she was thrown from the chair when the van made a sudden stop.

In that accident, the woman was awarded a $700K settlement after spending a week in a Renton nursing home.

In 2008, the woman was re-injured when the operator failed to insure that the woman's wheelchair was properly on the lift platform before operating the lift. In that accident, the woman was thrown from her chair and suffered two broken legs.

The woman's attorneys filed suit against two Access Van operators claiming that their negligence in caring for the woman caused her injuries. The woman is now mostly bed-ridden due to pain caused by her injuries. The woman settled her negligence lawsuits with Access Van operators, MV Transportation, Inc., and Solid Ground Washington, insuring that she will be taken care of in the future.

A negligence lawsuit can be filed if a person is seriously injured due the negligence or carelessness of another person. In negligence lawsuits, the plaintiff may receive compensation for actual damages but also for pain and suffering and for loss of income.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have serious injures due to the negligence of another including car accidents, nursing home accidents, and slip, trip and fall accidents.

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A Des Moines man has died of the injuries he sustained in a Kent pedestrian accident on Sunday morning reports The Seattle Times.

According to the report, the man had been involved in a single-car rollover accident and was walking near the intersection of State Route 516 and Meeker Street when he was hit by a vehicle going eastbound on SR516. The pedestrian accident occurred around 5:30am.

The injured pedestrian was taken to Harborview Medical Center in Seattle where he succumbed to his injuries.

The car that struck the man had a green light but the 29-year-old driver was arrested for investigation of driving under the influence. He was booked into King County Jail on suspicion of involuntary vehicular homicide.

The investigation will determine what caused the Des Moines to lose control of his vehicle. He may have been under the influence of alcohol or he may have been disoriented after the accident which may have been a factor in the pedestrian accident.

In Washington State, the legal limit for alcohol consumption is 0.08%. Washington State Vehicle Code.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in pedestrian accidents and motor vehicle accidents and the family of those killed.

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A man who was legally hunting bears has been arrested for investigation of manslaughter in the hunting accident death of Carlos Pablo Carrillo, 25 of Shelton who was in a wooded area picking floral greens when he was shot.

Apparently the bear hunter, Gerald Wayne Aldrich, 39, accidentally mistook Carrilo for a bear while he was hunting with a companion. Carrillo died after a single gunshot to the head.

The hunting accident occurred in Mason county.

A report by KOMO News of Seattle says that Aldrich was charged because his negligent conduct.

In 2008, Pamela Almli, 54, of Oso, was shot and killed while hiking with a friend by a 14-year-old teen from Concrete who said he mistook her for a bear. In that case, the teen was charged with second-degree manslaughter and was sentenced to 30 days in juvenile detention.

In addition to criminal charges, a person whose negligent act resulted in the death of another may be liable for damages. Negligence is defined as the failure to use "ordinary care toward another that a reasonably careful person would use under the same circumstances."

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We have more than 30 years experience represent families with their wrongful death cases. Washington states' wrongful death statute allows the family of a person who is wrongfully killed may recover damages in a civil action brought against the person whose negligent or wrongful act caused a family member's death.

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