Los Angeles Injury Lawyers Blog

As baby boomers get closer to the age of needing more support through their later years many families are facing some big decisions as to what kind of care their family members might require. Families need to assess if they will bring loved ones into their home and do most of the care themselves, whether hospice might be a better option or if a nursing home would be a better fit. Each decision has a list of pros and cons but ultimately the well-being of the loved one in need is what needs to be most considered.

Los Angeles nursing home negligence lawyers have recently learned of three facilities that have been issued severe citations by California's Department of Public Health (CDPH) for "inadequate care" that resulted in patient death at each facility and are being fined. The facilities being fined are the Motion Picture and Television Hospital in Woodland Hills ($80,000), the Downey Care Center in Downey ($80,000) and the Fountain View Subacute and Nursing Center in Los Angeles ($75,000). The maximum fine the state can impose upon a nursing facility is $100,000. At the Motion Picture & Television Hospital a patient, who suffered from dementia, died when staff allegedly failed to supervise them. The patient fell down a flight of stairs and died seven days later. At the Downey Care Center a diabetic patient was allegedly not properly supervised or cared for and went into a diabetic coma and eventually died. Finally, at the Fountain View Subacute and Nursing Center a patient with a history of falling was allegedly not monitored sufficiently because the patient fell and suffered a fatal brain injury.

There are various levels of citations that the state can issue to supposed negligent nursing homes. The state also makes public these citations on their website. Some experts believe that raising the amount the state can fine a negligent nursing home isn't the answer in nursing home reform. What would do the trick is enforcement. One advocate for nursing home reform recommended that nursing homes with AA citations need to not be allowed to accept new admissions until reform has been made and possibly change the management temporarily to help enforce the required changes.

Continue reading "Los Angeles Area Nursing Homes Allegedly Not Caring For Our Elderly As They Should Be" »

A settlement has been reached between the family of Elvira Gomez and Xerox Corporation. Xerox will pay the Gomez family $5 million dollars in the settlement of this Los Angeles wrongful death lawsuit. The Gomez family lost their mother, aged 63, almost three years ago when she was crossing a street and was struck by van being driven by Eduardo Delgado, also a Xerox employee. Upon investigation it was found that Delgado had a history of driving under the influence. Delgado had been driving a Xerox company van the night of the incident and his license had been suspended.

In the lawsuit, the wrongful death attorney claimed that Xerox personnel had never checked Delgado's driving record. They also claimed that Xerox was negligent in continuing to allow Delgado to drive for the company when his license had been suspended for two years. It was also pointed out that Xerox had other employees, at least one, with multiple DUIs.

The Gomez family would like to put part of the settlement monies towards enacting a law in California that would require businesses with ten or more drivers to register them in a DMV program which would be established to issue alerts to the company if one of their drivers had been convicted of a DUI or other serious traffic violations.

Continue reading "Multimillion Dollar Settlement Reached In Wrongful Death Lawsuit" »

Recent developments have taken place in a tragic incident that took place at the University of California at Los Angeles a few years ago. A young research assistant (RA) was conducting an experiment with a highly flammable chemical that was especially sensitive to exposure to air when the syringe fell apart. The research assistant's sweater caught fire when the chemical ignited and she suffered serious second and third degree burns as a result. Sadly, the research assistant later died. UCLA was fine by a California state agency for almost $32,000 and made its compound handling policies more strict while providing more training for those who need to perform lab work at the school.

The Los Angeles District Attorney's Office has brought new charges against the professor and the school alleging that both parties were in violation of California state codes that mandate an employee be trained on how to handle hazardous chemicals and what to do that will minimize risk of exposure, also violating requirements for proper clothing requirements and staff safeguards. When the accident occurred the California Division of Occupational Safety conducted an investigation and though it indicated that the school had not properly trained the student and fined the school, they ultimately stated that they found "no willful violations." UCLA has declared the new charges as "outrageous."

Experts have noted that multiple systems fell short that day, in that UCLA lab; specifically administrative safety controls (meaning policies and rules), personal protective equipment and engineering equipment (having the correct tools) - all fell short. And some estimate that these new charges will pressure the school into making more of an effort on all training for lab safety. It is not uncommon to find that undergraduate students are trained by their more senior graduate counterparts, who are not experts in the realm of safety themselves.

Continue reading "Death Of UCLA Chemisty RA Leads To School Fines And A Professor In Court" »

Electric cars have been gaining popularity over the last few years, especially in these times of high gas prices and uncertain income. For those Los Angeles motorists who are car shopping this holiday season, and possibly considering purchasing an electric car, the news about the Chevy Volt might help sway you in one direction or another.

Last week's announcement by the National Highway Traffic Safety Administration (NHTSA) that they were beginning an investigation into the fires that took place within a few weeks of crash tests performed on the Chevy Volt has led to Chevrolet's parent company, General Motors, informing owners of the Volt that they are eligible to use rental cars in order to avoid personal harm. The NHTSA is investigating the risk of fire that might be due to damaged batteries. The NHTSA did note that they were "not aware of any roadway crashes that have resulted in battery-related fires in Chevy Volts or other vehicles powered by lithium-ion batteries." General Motors is taking a lesson from Toyota's failure to communicate with its vehicle owners. GM executives and engineers took the press immediately to talk about the issues and what was being done.

If a Volt driver has been involved in an accident General Motors indicated that the fire hazard can be avoided if the Volt is drained of all electricity from the battery before it is stored. GM did not indicate how long it would take to solve the problem but anyone concerned about driving their Volt can use another GM car free of charge until a resolution has been made. The Volt got very good rankings when it was tested for safety, earning a 5-star rating in the categories of side impact safety, rollover risk, and overall safety. The Volt earned a 4-star rating for frontal crash protection. Volt's automakers stand behind its safety and do not believe it to be an immediate fire risk to its drivers.

Continue reading "General Motors Taking Preventative Measures For Chevy Volt Owners" »

According to the National Fire Protection Association 92 percent of fire deaths that occurred in a civilian structure in the United States were from home fires. It is not surprising that more than half of the fires that took place in homes where a death was reported there were no working smoke alarms or no smoke alarms at all. Interestingly enough, the most common times a home fire takes place across the country is between the evening hours of 5 p.m. and 8 p.m., with the kitchen being the area of the home where most fires start.

For one Los Angeles family the devastating effects of a home fire are all too real. Just last week a family in Compton lost the youngest member of their family to injuries sustained in a home fire, the child was just four years old. Los Angeles officials believe the child died due to smoke inhalation. Smoke inhalation accounts for more injuries in fires than burns do. When a structure catches on fire the combination of particles being burnt and mixing with the air surrounding it and the heat of the fire can be deadly. The internal burning in the lungs can often be more difficult to assess then exterior burns might be.

Firefighters that responded to the emergency were able to quickly put out the fire, within an hour. The young boy was found on the lower level, near a bathroom. According to reports, the mother had been resting in a bedroom on the second level of the house when she noticed the smell of smoke. She was able to evacuate the house through a sliding door and then got down to ground level from a balcony with the help of another adult. Authorities are still questioning the mother. The two other members of the family, a 9 year old son and 20 year old daughter, were apparently fine although the daughter and "male companion" were seen being driven from the scene in the back of patrol cars.

Continue reading "Los Angeles Boy Dies From Injuries Sustained in House Fire" »

Teen drivers are among the most controversial groups of motorists on the road. The new found freedom of being able to drive themselves to and from each destination is thrilling but as many studies have found previously, teenagers are easily distracted. These days the distractions of social media and texting further add to the distractions of driving with friends. The Journal of the American Medical Association (JAMA) recently published a new study designed to look at the legislation that was enacted to help keep teenage drivers safe.

Since the mid-1990s quite a few states changed their minimum driving age from 16 to 18. Don't get me wrong, 16 year olds can still drive but with multiple restrictions. For example, not allowing 16 and 17 year old drivers to have peers as their passengers, only passengers older than 25. Another restriction has been to not allow under 18 drivers to drive at night. The study published in JAMA took a close look at how effective these new restrictions were in preventing fatalities among young drivers and what it found was that there was a reasonable drop in fatal motor accidents among the young, restricted drivers. Unfortunately, researchers found that since the restrictions have been put into place the number of fatalities for drivers between 18 and 19 years of age have risen.

The study looked at data beginning in 1986 through 2007, specifically motor vehicle accidents that resulted in the death of anyone between the ages of 16 to 19 across the entire country. They found that there were more than 1300 fewer fatal car crashes where a 16 year old was involved. On the other hand, the data revealed that slightly more than 1,000 deadly car crashes were taking place now in the 18 year old category. The lead researcher in the study, Dr. Scott Masten, postulates that teenagers are postponing their ability to drive and skipping the restrictive driving programs completely.

Continue reading "New Study Looks At Graduated Licensing Programs And Their Results" »

If you live in a multi-story home, high rise or apartment and have young children in your family then you'll want to pay attention to a new study published in the Journal of Pediatrics. In what is believed to be the first study of its kind researchers explored the rate of injury in children due to falling out of windows. They found that more than 5,000 children sustain injuries due to falling out of a window. Researchers were specifically concerned with youth under the age of 17 and utilized hospitals and the National Electronic Injury Surveillance System to gather the necessary data.

Researchers, and Los Angeles personal injury lawyers, were not particularly shocked by some of the findings in this study. For example, it is not shocking that the type of surface a child would land on, concrete or a more cushioned surface such as a plant bed, would make a difference in the gravity of injuries the child would sustain. The children who landed on concrete surfaces versus the cushioned surfaces had the rate of head injury or death double. In studies that compare risky behavior it is often found that male are more often involved than females. This particular study reinforced that information with boys making up over half of all fall injuries. Another likely factor in increasing the rate of window fall injuries was the weather. Spring and summer showed the highest prevalence.

In the ten years, 1998-2008, of data that researchers were able to examine almost 100,000 children had had injuries serious enough to require treatment at a hospital. Fortunately though, the data did indicate that the amount of injuries did decrease. Researchers also found that children four and younger were at the highest risk of being killed or sustaining head injuries in a window fall accident. Having a screen on a window does not seem to offer any more protection to children than being a barrier between them and annoying insects and pests. In over 80 percent of the window fall accidents examined there were screens in the windows.

Continue reading "New Study Takes A Closer Look At Window Fall Accidents" »

When Christopher Trejo was battling a fever he never suspected the condition could become worse because of an over the counter medication that was supposed to alleviate the discomfort of his symptoms. His condition did worsen and he filed a lawsuit in 2008 against Johnson & Johnson, McKesson Corp. and McNeil Consumer Healthcare. His trial has begun in Los Angeles for his product liability case and it looks as though the judge and jury will have a lot of work to do.

Trejo, a Honduran native, allegedly began taking the brand name Motrin for some minor aches and pains he was experiencing. Being the son of a doctor and an aspiring pediatrician himself Trejo noted that he was careful to read the warning label for possible side effects and warnings, as reported by the Santa Monica Patch. To his alarm he began showing symptoms of a severe disease called Toxic Epidermal Necrolysis, which turns the body on itself attacking internal and external organs; merely days later Trejo's body was completely deteriorating.

After experiencing symptoms as severe as these Los Angeles injury lawyers are not surprised with the claim Trejo makes towards Johnson & Johnson, that the list of warnings and possible side effects was not thorough enough therefore misleading consumers. Interestingly enough warnings about these possible severe conditions are included on packages sold in other countries, excluding the United States. The Food and Drug Administration has also insisted that the new warnings be included on drug labels for ibuprofen bottles. Misrepresentation to the FDA regarding Toxic Epidermal Necrolypsy and the less severe Stevens Johnson Syndrome is also being investigated in this lawsuit.

Continue reading "Los Angeles Court Will Hear The Lawsuit Against Motrin" »

Los Angeles personal injury lawyers understand that for quite a few people the majority of their day is spent on the job, whether that be in a office setting, a retail store, a restaurant or working from home. Having a safe work environment is a key element in ensuring employees and employers alike have the utmost circumstances available to them to get the most done each day. Earlier this month the Los Angeles County based firm Behavioral Science Technology, Inc.(BST) published what they are calling "notable new findings" in connection with the cause and prevention of workplace fatalities and severe injuries.

ORC Mercer Worldwide partnered with BST in conducting this study that looked at a year's worth of findings in areas such as injuries and fatalities that took place at an individual's work site and how these events affected business and economy. Many of the largest corporations in the United States were studied including Shell, ExxonMobil, Cargill, PotashCorp, BHP Billiton, Maersk and Archer Daniels Midland Company. In the community of workplace research there is a long held belief that a correlation exists between the amount of minor injuries that occur and the amount of serious injuries that take place at any given workplace. It is typically thought that an increase in minor injuries translates to an increase in serious injuries and vice versa for declining rates. Researchers were surprised to find in this study that the rate of minor injuries has decreased steadily but the serious injury rates have stayed the same or increased.

BST's study shows that causes for severe and minor injuries can vary greatly and that minor injuries might not necessarily predict a serious injury. The study also points out that business must implement a variety of preventative measures because those that work for reducing serious injuries don't always work for reducing the minor injuries that might take place. It is in the best interest of companies and employees to work together to create a safe work environment.

Continue reading "Los Angeles Based Safety Consulting Firm Publishes New Study " »

A recent study published in the Journal of Pediatrics found that almost 100% of lunches brought from home were at risk for causing food poisoning. The irony is that children often bring lunch from home because their parents believe it to be a healthier option for their children, not to mention easier on the wallet. There are quite a few daycare centers that mandate parents to provide lunch brought from home daily. School age children are also opting for brown bag lunches versus the hot lunch program at their schools. This study indicates that bringing your own lunch might not be as healthy an option as you think and the foods packed could end up giving whomever consumes them an uncomfortable case of food poisoning.

What is the major culprit for unsafe food in brown bag lunches? Storage temperature; meaning that the food is not kept cool enough and begins to breed bacteria between the time it was prepared and the time it is consumed. Safe storage temperatures are important for perishable foods such as vegetables, fruits, meats and dairy items especially because of their high association to food poisoning cases. Researchers evaluated over 700 brown bag lunches, on multiple occasions, brought by three to five year olds. There were roughly 1,360 perishable foods found in these lunches. Meat appeared to be the biggest culprit because of its associated to E. coli when not stored at proper temperatures. Statistics in the study showed that 97.4% of all meat products packed in lunches were at temperatures that could cause illness. Overall, researchers found that over 95% of the time the perishable foods packed in school lunches were too warm.

It is important to note that this study was conducted at schools located in Texas. Throughout the study the outside temperature at the schools averaged 81 degrees F with inside temperature of the schools ranging from 71 degrees F to 75 degrees F. The lunches that the children brought were kept outside in more than 80% of cases studied and the food was at an average temperature of 62 degrees F. Unfortunately, ice packs could not offer much sustaining power and foods in lunches that had ice packs were still found to be a risk for food poisoning.

Continue reading "Los Angeles Brown Bag Lunches Might Not Be As Healthy As They Seem" »

Southern California motorists might be getting some help behind the wheel in the future by the car themselves when it comes to preventing fender benders. Volvo has recently released exciting news regarding its automatic braking systems and a decrease in low speed crashes that are typically seen on the congested streets and highways of Los Angeles and Southern California. The Highway Loss Data Institute, which is known for its analyses on damages and claims issues for the insurance industry, found that the number of crashes could decrease by a ¼ if this technology were widely implemented.

The brakes are called "advanced forward collision avoidance system" and have been a standard feature in the Volvo XC60 midsize SUV for over a year now. When a car is traveling at low speeds, for example in bumper to bumper traffic, a laser that is built into the windshield can sense the distance and automatically stop the vehicle therefore avoiding a rear-end crash. The Highway Loss Data Institute found that XC60 drivers reported fewer, roughly 27%, "at-fault" insurance claims compared to drivers of similar midsize luxury SUVs. This is the first time that the Insurance Institute for Highway Safety has been taking into account crash avoidance technologies such as these, and finds the results to be very encouraging.

The National Highway Traffic Safety Administration said that systems like this "hold the promise of preventing deaths and injuries as well as preventing property damage." Research is also being conducted on dynamic brake support systems and crash-imminent braking systems. This specific system, the City Safety, is designed specifically for lower speeds between 2 and 19 miles. Nine miles per hour and the car can be stopped but greater than nine and the impact and damage can be reduced but not avoided. Over 19 miles and the system does not function. Other automakers, along with Volvo, are offering forward collision warning systems as an optional feature that can avoid crashes at higher speeds.

Continue reading "Los Angeles Low Speed Auto Accidents Could Decrease By Half With New Automatic Brakes" »

The first update we would like to report regards the letter from various United States Congressman asking that Metrolink's parent company at the time of the Chatsworth train accident grant the victims of the crash more money, going beyond the $200 million cap set forth by legislation signed in 1997. The company, Veolia Environnementin Paris, responded to the request in a statement maintaining that the crash was not solely due to engineer distraction. They noted that witnessed have indicated the signal light was green, not red. Veolia also stated that they were not responsible for the employment of the engineer in charge of driving the train that day. It names the Southern California Regional Rail Authority as responsible for operations at Metrolink and therefore should step up to assume some of the monetary responsibility.

No response to Veolia's allegations from the Southern California Regional Rail Authority as of yet.

The second update will make bicyclists in Los Angeles happy because bicycling in Los Angeles has proven to be a difficult sport. The news reports have frequently run stories of recent accidents involving motorists and bicyclists. Sharing the road peacefully seems to be where bicyclists and motorists need more help, and the bicyclists recently got some much deserved assistance. Los Angeles City Council voted in favor of a law that prohibits verbal and physical threats to bicyclists, giving them the ability to file a suit of harassment in civil court before the city even presses criminal charges.

Los Angeles is said to have seen a 48 percent increase in the amount of people who now bike to work or their other destinations. This new law in Los Angeles is allegedly "a groundbreaking move" in support of bicyclists throughout the city. Another piece of legislation is up for consideration in Sacramento that would go into effect for all of California, Senate Bill 910 looks to require three feet of space between a passing car and a cyclist. Los Angeles Mayor Antonio Villaraigosa supports the bill, which is cosponsored by the city of Los Angeles.

Continue reading "UPDATES In The News: Los Angeles Metrolink Crash; Bicyclists Gain Support" »

Nearly three years have passed since the tragic Chatsworth train accident took the lives of 24 passengers and injured almost 100 more. That train accident in Los Angeles became Metrolink's deadliest accident in its history. It also led to some major legislative changes in the United States as pertaining to texting and driving when the cause of the accident was linked to the failure of the train engineer to stop for a red light because he was distracted by texting. We can only imagine what the last three years have been for the families who lost loved ones or had loved ones seriously injured.

The judge, Judge Peter Lichtman, charged with dividing up the $200 million settlement among those affected by the crash announced how the monies will be dispersed. The judge was adamant about the fact that $200 million was not a sufficient enough sum for the families and individuals of this crash but a federal law passed in 1997 caps the amount a company is liable at $200 million. He expressed in his ruling that he felt the settlement was "at least 64 million short of the damages he wanted to award." Judge Lichtman held hearings daily where he took the opportunity to listen to survivors recount the accident and give him details that helped him decide where the needs lay.

Judge Lichtman's awards range from $12,000 to $9 million dollars. Those families who lost adult members in the crash were allocated $4.2 million. The families who lost young family members were awarded an average of $1.2 million. Judge Lichtman and a group of California legislators indicated that he hoped Metrolink's parent company at the time of the collision, Veolia, would go beyond the $200 million cap and provide the victims of the collision with the compensation they deserve.

Continue reading "Chatsworth Train Crash Settlement Divided Among Families Of Victims" »

Merriam-Webster dictionary defines negligence as a "failure to exercise the care that a reasonably prudent person would exercise in like circumstances." Negligence often plays a major role in personal injury law. Negligence can occur in a wide variety of situations and settings - for example slip and fall, car accidents, dog bites, using a defective product, an accident that took place at a store or friend's home, the list goes on. A personal injury lawyer will be able to assist you in determining the direction to take with your case and begin the process of picking up the pieces after an accident.

One example of negligence occurred in 2009 at a work place in Long Beach. Felipe Curiel was working for SSA Marine Terminals in Long Beach when he was nearly crushed to death. Curiel sustained painful back injuries which have left him in need of leg braces and a cane in order to walk. The Long Beach Fire Department was called to the scene and worked for close to 30 minutes to rescue Curiel from the 40 foot steel container that had been swung over and fallen on top of his rig. This was the second accident to take place within a matter of days. Earlier in the week another driver by the name of Pablo Garcia was killed when a yard tractor crashed into him. Officials later arrested and convicted a longshoreman for driving under the influence.

Continue reading "Long Beach Negligence Verdict For $14 Million Upheld By Judge" »

Safety and medical personnel, such as Police Officers, Firefighters, Doctors and EMT's, will often tell you that one of the most dangerous times of the year is during the Independence Day weekend. This is the weekend where many Californians will be celebrating with food on the grill, fireworks and maybe a drink in hand - a perfect storm to emergency staff all over the state. With so much going on it can be easy to lose track of children or what others might be doing around them. Safety should always come first and adults need to closely monitor their children when fireworks are being used.

One 12 year old girl from Los Angeles knows too well the hazards of coming in close contact with a firework. While enjoying the festivities outside her home in South Los Angeles another individual let off a "firecracker-like" mechanism in close proximity to her face. Medical officials treating her at Children's Hospital in East Hollywood had to remove part of the explosive that lodged itself in her right eye, near the cornea. She is not expected to be able to see from that eye again. Officials noted that many of the fireworks being lit near her home were not legal in Los Angeles.

Children are often at the highest risk of injury from fireworks. Their curiosity and excitement can occasionally over shadow safety precautions they have been told. Children between the ages of 10 and 14 have three times higher rate of injury from fireworks than those of the general public. Hands and Eyes are the most likely part of the body to suffer injuries in firework accidents. Being burned by a firework or in a firework- related injury occurs 50 percent of the time. Other injuries sustained are often some form of abrasion and/or laceration. We can all work harder to ensure that each one of us enjoys a safe and injury free Independence Day.

Continue reading "12 Year Old Los Angeles Girl Loses Sight After Firecracker Accident" »