Washington Injury Attorney Blog

A woman, who was driving under the influence of under the influence of alcohol and marijuana, has pleaded guilty to vehicular homicide and felony hit-and-run charges in the death of William A. Padilla,51 a tow truck driver from Burien. She will be sentenced on May 20 and she faces a prison sentence of between 3-1/2 to 4-1/2 years.

Shavelle M. Lewis was 20-years-old when she hit Padilla as he work preparing to tow a 2000 Chrysler Sebring on an entrance ramp to southbound Interstate 5. After hitting Padilla, Lewis fled the accident scene but was apprehended a short time later.

Even at her young age, Lewis had previous criminal history including prostitution.

Vehicular Homicide, RCW 46.61.520, can be charged if a person dies as a result of a motor vehicle accident and the motorist was driving recklessly, driving under the influence of alcohol or drugs or driving without regard to the safety of others.

Every year, tow truck drivers and other first responders are seriously injured or killed when they are struck by other cars and trucks while they are on the job. This is a double tragedy as tow trucks workers help stranded motorists.

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 drunken drivers and the family of those killed. We are uniquely qualified to assist those families who loved ones have died in on-the-job accidents.

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Continue reading " Woman pleads guilty to Vehicular Homicide in death of Seattle tow truck driver " »

Financial abuse of elder people is rampant. Whether an elderly person is in a nursing home or living in their own home, predators often ingratiate themselves into the lives of elderly vulnerable adults and figure out ways to obtain control of a person's finances or obtain "gifts" or other material goods or even obtain a power of attorney which allows control of a person's financial assets.

A 52-year-old Seattle woman, Samantha Pierce, stands charged with financially bilking $300,000 from an elderly couple that she had been hired by to help care for. Pierce faces charges of first-degree theft and violation of a vulnerable adult protection order.

There are many types of predators but people who prey on elderly people who might not have their full mental faculties are some of the worst.

If you suspect a loved one, neighbor or other vulnerable adult is being abused, you should contact local law enforcement or adult protective services. Warning signs of financial elder abuse include:

• The elderly person develops a close relationship with someone who offers to manage their finances.
  
• The elderly person is isolated or restricted from contact with friends or relatives.
  
• The elderly person seems withdrawn or secretive.
  
• The elderly person changes their spending patterns, patterns of withdrawals or makes changes to their brokerage accounts.
  
• The elderly person makes a financial investment that he/she does not appear to understand, or the investment was made and there were high fees/commissions or penalties involved.
  
• The signature on checks or other forms do not resemble the elderly person's normal handwriting.

Bankers, lawyers, investment advisors or others in a position of trust should be wary of anyone who shows an interest in a person's financial affairs. Warning signs of malfeasance includes:

• Changes in an elderly person's estate plan or will.
  
• A new power of attorney created.
  
• The addition of a signer on a bank account or brokerage account.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent victims of elder abuse and nursing home neglect and their families. Contact us for a FREE consultation.
Source:
Seattle ‘caregiver’ raided 93-year-old's life savings, prosecutors claim
http://www.seattlepi.com/local/article/Seattle-caregiver-split-93-year-old-from-1349181.php#page-1
Seattle PI.com
By Levi Pulkkinen

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The Seattle Times reports that male nurse, Konstantin V. Kurkov, working in the St. Francis Hospital emergency room has been charged with second-degree rape.

According to the charges, the nurse allegedly performed a pelvic exam without a glove on a patient who came to the Federal Way ER room in March with back pain.

Rape in the second-degree is covered by Washington code RCW 9a.44.050 and it can be charged when a person engages in sexual intercourse with another and the perpetrator is a health care provider and the victim is a client or patient and the sexual intercourse occurs during a treatment.

Kurkov has been charged in King County Superior Court and has 20 days to respond to the charges. His license has been suspended until the charges are resolved.

We often see cases of sexual abuse in nursing homes with the most vulnerable of patients are assaulted. However, it is not unheard of medical professionals including doctors, nurses or other professionals to sexually abuse a patient including penetration, fondling or unnecessary physical exams.

Medical misconduct such as rape or sexual misconduct violates both medical malpractice and criminal law. Often, victims need to file a medical malpractice claim to obtain meaningful justice. Sometimes when a medical malpractice case is filed, other victims come forward and a pattern of abuse is found.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been injured due to the negligence of another or by medical malpractice.

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A suspected drunk driver, Craig Brian Day II, lost control of his SUV and caused a Gresham pedestrian accident in which a pedestrian was seriously injured and the man's dog was killed.

Seattle's KOMO News carried the story and reported that Joshua Grant was hit by the SUV while walking his Labrador Retriever for a walk. Grant was taken to OHSU where he was listed in "fair" condition with a broken leg.

According to the report, Day's SUV rolled a couple of times after hitting Grant before running into a storage unit next to an apartment building. Luckily no one inside of the apartment building was injured.

Day faces charges of driving under the influence of intoxicants, reckless driving, assault, criminal mischief and animal abuse.

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

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As we mentioned in our Blog a few days ago, the Senate Special Committee on Aging was holding a hearing on the defective DePuy hip implant that was recalled in August 2010.

The Senators in the committee held their hearing and heard from a patient who, after receiving a defective DePuy hip implant, had a second, or revision surgery, to implant a new device. The patient that testified, Katie Korgaokar, had one of the serious side effects of the implant which is elevated levels of cobalt and chromium in her bloodstream caused by the metal-on-metal rubbing of the hip implant. In fact Korgaokar's cobalt and chromium levels in her blood were approximately 1,000 percent higher than the average person.

One notable thing that Korgaokar said was:

“In my mind, recalls were for dishwashers and cars, not body parts."

Kargaokar went on to tell the Senate that she thought that any device placed in a person's body had been thoroughly tested. In the case of the DePuy implants, they were approved by the FDA without clinical trials under FDA rule 510 which is a "fast track" process that allows certain similar drugs or medical devices to be approved without clinical trials.

Kargaokar told the Senators that she learned that her hip replacement surgeon was paid more than $600,000 in consulting fees from DePuy. She said, "“Although I would like to think these payments had no influence on my doctor’s decision to use the ASR, I will always have doubts."

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who were implanted with the defective DePuy hip implant. With our help, you may recover compensation for your damages which includes medical costs, rehabilitation costs, lost wages and for pain and suffering.

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U.S. Senate Committee on Aging to hold hearing on DePuy hip implant recall

Continue reading " U.S. Senate hears testimony from patient with defective DePuy hip implant " »

The Seattle Times reports that the National Transportation Safety Board investigation into the plane crash that killed Shane Sullivan, of Bellevue, and seriously injured Rebecca Carroll on March 19, 2010 was caused by the maintenance crew failing to properly tighten the throttle cap on the Cirrus SR22 aircraft.

The aircraft accident that killed Sullivan, president of Cascade Risk Placement occurred as Sullivan piloted the aircraft from Concord, California to Renton Municipal Airport. The plane lost power near Morton and Sullivan attempted to land at Strom Field. Sullivan was unable to reach the airport and he crashed into trees near Highway 508, a couple miles shy of the airport.

The plane had only 11 flight hours after it was serviced at Auburn Flight Service and the NTSB's April 12 report found that Auburn Flight Service failed to follow the manufacturer's maintenance producers involving the throttle cap. A technician involved on repairing the plane reported that he had not performed a final inspection on the work completed.

Plane accidents often have catastrophic results such as in this case where one person was killed and another serious injured. Common causes of airplane accident include:

• Pilot error
• Negligence on the part of the air traffic controller
• Defects in the plane
• Weather conditions
• Faulty maintenance

In cases such as this one where it appears that negligence on the part of the airplane mechanics were the cause of a death, the family of the deceased my choose to file a wrongful death lawsuit seeking compensation on behalf of their deceased loved one.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. Our law firm has more than 30 years representing families with their wrongful death lawsuits.

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The Board of Pharmacy for the Washington State filed emergency rules to classify bath salt products commonly sold in "head shops" that are used as cocaine and methamphetamine substitutes. The Board moved to classify these products as Schedule I drugs.

The U.S. Controlled Substance Act seeks to place certain drugs on schedules. A Schedule I drug generally has a high potential for abuse, has no accepted medical use, and lacks an accepted safety for use such as oversight by a physician. Drugs in this category include Ecstasy, Marijuana, Heroin, Mescaline and Peyote.

The bath salts are sold under names like "Ivory Wave," "Red Dove," "Zoom" among others and contain stimulants. Users inhale and snort them like cocaine as they provide a stimulant high.

The Board of Pharmacy made this move after the Washington State Poison Center started receiving numerous reports from people who used the products and from emergency rooms. The chemicals included in these salts can cause increased heart rate, elevated blood pressure, hallucinations, chest pains among other side effects. There have been reports of car accidents, homicides, self-mutilations linked to these drugs.

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 dangerous products and the family of those who have died.

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Source:
Spice/K2 and "Bath Salts" Frequently Asked Questions
Washington Department of Health

The Arizona Court of Appeals upheld the $1.5 million damage award to a kindergarten teacher who sued BCI Coca-Cola for damages after a slip, trip and fall accident in a grocery store.

The unidentified teacher had a serious spinal cord injury as a result of a fall caused by water on the floor that had leaked from a BCI Coca-Cola refrigerator. The victim had to have surgery on a herniated disk and suffers from lingering and chronic pain.

The court found the BCI Coca-Cola Bottling liable for the accident because service records showed that the refrigerator had been leaking for two years before the accident.

The teacher's attorneys showed the jury a surveillance tape of the accident and were able to share with the jury how debilitating the injuries are.

This may seem like a huge award to some. However, it is not out-of-line due to the severity of a spinal column injury.

A slip, trip or fall accident falls under the category of "premise liability." Premise liability finds that a property owner or person who operates a business is responsible for injuries by a person on their premises if they failed to maintain their property in a safe condition. This can include wet and slippery floors, inadequate lighting, cracked sidewalks, etc.

For more information see, "Washington injury attorney explains "slip, trip and fall"

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We have more than 30 years experience representing people with serious personal injuries due to slip, trip and fall accidents.

Source:
$1.5 Million Verdict Won by Tucson Attorneys Against BCI Coca-Cola for Slip and Fall Accident Affirmed by Arizona Court of Appeals

Continue reading " Kindergarten teacher award $1.5M award for slip and fall accident " »

Two drivers suffered minor injuries and their trucks, one a pickup and the other a semi, had to be towed from the accident scene after they collided with a horse that had gotten onto Highway 2 west of Spokane.

The horse was killed in the truck accident.

In many cases, the person who owns the livestock that gets onto the highway is responsible for damages. The horse owner may have to pay damages unless he/she can prove that their animal got outside a fence for a reason other than negligence. Negligence can be inferred by the fact that the animal was loose on the highway.

In such cases, the defendant has the burden of proof or must present an affirmative defense.

The drivers in this case proved to be very fortunate. Often in cases like this, drivers and passengers are seriously injured or killed.

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 caused by the negligence of another. With our help, you may recover compensation for your damages.

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Source:
Horse killed on Highway 2 near Spokane
The Seattle Times
April 19, 2011

Continue reading " Horse on highway causes Highway 2 truck accident " »

Seattle's KOMO News.com reports that an eye surgeon performed a wrong-site surgery on Jesse Matlock, age 4, of Vancouver, Washington.

Jesse entered Legacy Emanuel Medical Center in Portland, Oregon, for surgery to correct a "wandering eye". Jesse's parents say that prior to the surgery, the correct eye -- the right one -- was circled. But, Jesse's surgeon, Dr. Shawn Goodman of Lake Oswego, said that she "lost her sense of direction" and operated on the wrong eye. After the surgery was complete, she then operated on the correct eye.

The CEO of Legacy Emanuel said they are investigating this incident to determine how the mistake was made.

Jesse's mother, Tasha Gaul, and father Dale Matlock, were aghast to learn of this medical error. They are very concerned about their son's eyesight in the future and with good reason.

Patient advocates believe that there should be no shared responsibility when it comes to the surgery site and that the surgeon has the sole responsibility and should be held accountable for errors.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm and we represent victims of medical malpractice and their family.

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The Whidbey News-Times reports that Kathryn Simpson, 22, of Oak Harbor was critically injured in a single car accident on Sunday morning around 4am.

According to the report, Simpson was driving southbound on Highway 20 when she lost control of her 200 Ford Taurus on a curve and rolled it. Police suspect speed and alcohol were factors in the car accident.

Simpson was airlifted to Harborview Medical Center in Seattle, a Level I Trauma Center, for undisclosed injuries. Her condition was described as "serious." Hopefully, she will recover from her injuries.

There has been a dramatic decrease in the number of alcohol-related car accident deaths in recent years. According to the National Highway Traffic Safety Administration, there has been a 42 percent decline in the number of passenger vehicle drivers killed in alcohol related accidents since 1982. Safer cars and people getting the message that driving after drinking can impair driving.

This information is provided by Seattle Car Accident Lawyer 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 Seattle Times reports that Justin Amorratanasuchad, 21, of Seattle, died when he slipped and fell at least four stories from a Boston rooftop while working on a film project. The fatal accident occurred at a building at 610 Columbus Avenue. Amorrantanasuchad apparently did not live in the building.

Amorratanasuchad was a junior at Emerson College and a graduate of Ballard High School in Seattle. Many describe him as a dedicated and hard working student.

In the wake of the death, city officials are urging property owners to safeguard roof access for safety sake's. One Boston newspaper, however, reported that it appeared that the roof access had been locked down but that the lock had been tampered.

It is a tragic to lose a vital young man in such an accident. Our condolences go out to his family.

Over the years, the University of Washington (UW) and Washington State University (WSU) have also had their share of tragic fall accidents. The Seattle Police report that there have been 6 deaths and 5 severe injuries due to falls at dorms and fraternities at UW in the past 25 years. Click here to see the chronology of accidents at UW.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured due to the negligence of others. We also represent families who are entitled to bring a wrongful death action when someones negligence caused the death of a family member. While these cases are difficult to negotiate through the court system, The Farber Law Group has more than 30 years experience in handling wrongful death cases.

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The FDA has issued an urgent recall of a medical device used during radiation treatment in women undergoing a lumpectomy for breast cancer. The FDA issued a Class I recall which is the most urgent type of recall.

According to the FDA, the Xoft Axxent Flexishield Mini Product, Model 5300, may shed particles of tungsten in the breast when used in treating women.The Axxent is a silicone rubber pad which contains tungsten particulate and it is used to direct radiation treatment while protecting the skin or tissue. The problem is that when the device was used, hundreds of tungsten particles were left in women's breasts.

Tungsten particles can then obscure future mammograms as the tungsten can appear as calcium deposits. Xoft says that there is no evidence that the tungsten particles are toxic. However, It is not clear whether the presence of tungsten, a metal, in a woman's breast can cause other health problems in the long-term.

The FDA recommends that customers quit using the devices immediately and return inventory to the company.

Physicians are advised to inform patients in which the device was used that there is a likelihood of Tungsten

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a Seattle product liability law firm and we represent people who have been injured by defective and dangerous products including patients who have been affected by the DePuy Hip recall.

Source:
Axxent FlexiShield Mini by iCAD (formerly Xoft Inc.): Recall- Product May Shed Particles of Tungsten
FDA Recall Notice
April 13, 2011

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Providence Portland Medical Center has revoked the surgical privileges of Dr. Vishal James Makker amidst concerns that Dr. Makker performed spinal-fusion surgeries at a rate of 10 times the national average. The hospital declined to say why they withdrew Dr. Makker's surgical privileges.

The revocation of Makker's privileges come in the wake of a Wall Street Journal article written by John Carreyrou and Tom McGinty. The article published on March 29, 2011 Medicare Records Reveal Troubling Trail of Surgeries analyzed Dr. Makker's surgical record. They found that Makker had an "unusual propensity" for performing multiple spine surgeries and then billing Medicare.

Between 2008 and 2009, The Wall Street Journal revealed that Dr. Makker performed spinal fusions on 61 Medicare patients and on 16 patients, he performed 24 additional surgeries.

The Wall Street Journal has been combing Medicare's database in search of physicians who defraud the taxpaper and Medicare system. The WSJ identified Maker as one physician who had an "unusual pattern of care." The WSJ wants access to Medicare records which would provide information on which physicians are billing Medicare the most and may be over-billing Medicare.

The WSJ article also described a relationship that Dr. Makker had with a distributor of spinal implants. Some medical device distributors pay surgeons a dividend for using their products which some people say may skew medical decision making.

The concern here is that Dr. Makker put his on personal profit motive ahead of his professional ethics and what was best for his patients..

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 malpractice and the family of those who have died. With our help, you may recover compensation for your damages.

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The U.S. Senate Committee on Aging will convene a panel tomorrow, April 13, 2011, to hear testimony about the DePuy Hip Implant Recall tomorrow, April 13, 2011.

Testifying before the Senate will be leading patient safety advocates, including Diana Zuckerman, the co-author of a report that claims that medical devices that were approved by the FDA through the 510(k) program are more commonly recalled. The recalled DePuy ASR XL Acetabular and Hip Resurfacing Systems were brought to the market without having gone through clinical trials under the FDA rule 510.

Other experts will also testify including Dr. William Maisel, chief science officer for the FDA's Center for Devices & Radiological Health; David Nexon of the Advanced Medical Technology Association; and Ralph Hall, a professor at the University of Minnesota Law School.

Also appearing before the committee will be a patient who was affected by the recall.

DePuy announced their voluntary recall of their ASR hip implant systems in August 2010 after reports that patients with these devices were experiencing failure at a rate higher than other medical devices. Since then, there is a growing concern that, because of the design of the hip, there is a risk of metal-on-metal rubbing which can release ions of cobalt and chromium in the blood system and surrounding tissues resulting in serious side effects including metallosis.

Many patients have filed lawsuits against DePuy claiming damages after having to undergo a second, or revision, surgery. In addition, patients who are at this time asymptomatic need to have their blood drawn and tested for the presence of metals. Many of these patients are choosing to contact a personal injury attorneys who specialize in product liability to insure their rights are protected.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent patients who received a defective DePuy ASR hip. The founder of our law firm, Herb Farber, is himself a hip replacement patient so he is keenly aware of the trauma of a revision surgery.

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Continue reading " U.S. Senate Committee on Aging to hold hearing on DePuy hip implant recall " »

In 2008, the U.S. Consumer Product Safety Commission along with Delta Enterprise Corporate of New York issued a re-call of more than 985,000 drop-side cribs with "Crib Trigger Lock and Safety Peg" hardware. The recall in 2008 was issued after an 8-month-old girl suffocated when the drop side of her crib detached. Her crib had not been properly assembled with safety pegs.

In 2009, the CPSC learned of another crib death due to missing safety pegs. In this case, the parents had purchased the crib on the second hand market. Purchasing used cribs can be dangerous because they may not come with all of the necessary parts and may lack assembly instructions. The CPSC Chairman Inez Tenenbaum says:

"We urge parents and caregivers to use caution and to be aware that new rules established by CPSC will bring safer cribs to the market this summer."

Before parents purchase a second-hand crib ,they should check the Crib Information Center on the CPSC web-site. The CPSC provides information on crib recalls and provides other safety information for parents.

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 defective and dangerous products and the family of those killed. The Washington Products Liability Act, RCW 7.72, sets forth rules which allows consumers to obtain compensation for an injury or a death if the product that caused the injury was defective or unnecessarily dangerous. The statute of limitations on dangerous products can be as much as 12 years.

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The family of Cassandra Clay who was killed 4-1/2 hears ago by a drunken driver have reached a out-of-court settlement with two of the bars that they claim over-served the drunken driver that caused the car accident in which their daughter was killed. Cassandra's boyfriend, Shane Bender, 20, was also killed in the 2006 Spanaway drunk driving car accident.

Cassandra was 19-years-old when her vehicle was hit at a Highway 7 intersection near Spanaway. Clevan Derrer, the man that hit Cassandra's vehicle, was convicted of driving under the influence. This was his 6th DUI says Cassandra's mother, Caroline.

The amount of Clay's family settlement with the two bars has not been disclosed. Families of people who have been killed by drunken drivers may file wrongful death claims against bars that over-served a drunken driver. Dram Shop Liability is a legal concept refers to the legal liability of taverns, liquor stores or other commercial establishment that serve alcohol. Dram shop laws establish that establishments that serve alcohol to obviously intoxicated persons or minors who cause the death or injury to another in alcohol-related car accidents may be held liable for damages.

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.

Source:

4 1/2 years after deadly DUI crash, bars pay up
KOMO News
By Ray Lane

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The Herald Net.com reports that a pedestrian, a man in his 40s, was killed in a Marysville-area pedestrian accident on Highway 529.

According to the report, the pedestrian accident occurred around 8:4pm on Saturday night.

The Washington Patrol is investigating the cause of this pedestrian accident. Two of the leading causes of of motor vehicle deaths are driving under the influence and pedestrian violations.

Many pedestrian accidents could be prevented by taking the following precautions:

• Make yourself visible by wearing reflective and light colored clothing.
  
• Be aware that that vehicles approach from behind and in front of you.
  
• Look in both directions before crossing traffic.
  
• Try to cross only in marked crosswalks.
  
• Don't assume that drivers see you.

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. With our help, you may recover compensation for your damages.

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Devin Mason, 56, of Tacoma was killed in a Lake Lawrence boating accident while participating in a hydroplane race when his boat went airborne and flipped over. The race was a sanctioned event sponsored by the American Power Boat Association. Lake Lawrence is located approximately 8 miles south of Yelm which is east of Interstate 5.

The News Tribune reports that Mason's boat was traveling at speeds of more than 80mph when it flipped. Mason reportedly emerged from the accident and waved his arms but was unconscious when the rescue boat arrived a short time later. The man apparently succumbed to his injuries before he could be taken to the hospital.

According to the United States Coast Guard, there were 17 fatal boating accidents in 2009 in Washington state, resulting in 22 deaths.

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 boating accidents and the family of those killed. With our help, you may recover compensation for damages.

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Continue reading " Tacoma man killed in hydroplane boat accident " »