Feed: California Personal Injury Attorneys - AggScore: 35.9

Women Still in Critical Condition after San Clemente Car Accident

Two women, identified as 25-year-old Kiley Jones and 23-year-old Kevyn Menges, are still in critical condition after an Orange County car accident, which occurred on February 6, 2012. According to a news report in The Orange County Register, the major injury collision involved a Peterbilt truck, a Volvo SUV, a BMW and one other vehicle. California Highway Patrol officials, based on preliminary investigations, say that the accident was caused by the driver of the big-rig, who blew through a red light at the intersection of Avenida Pico and the Interstate 5 off-ramp in San Clemente.

Life-Threatening Injuries

Jones was the driver of the Volvo while Menges was a passenger. One person in the BMW was transported to an area hospital with non-life-threatening injuries. The truck driver has been identified as 61-year-old Gerald Pesicka. Officials say the big-rig was headed to Oceanside, but exited at Avenida Pico for an unknown reason. The investigation is still ongoing.

My thoughts and prayers are with Kiley Jones and Kevyn Menges who have been severely injured in this truck accident and are still in critical condition. I wish them the very best for a speedy and complete recovery.

Red Light Violation

Based on this news report, officials say that the driver of the big-rig ran a red light at the intersection. California Vehicle Code Section 21453 (a) states: "A driver facing a circular red signal shall stop at the limit line before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown."

There are still several questions here. Why did the truck driver run a red light at the intersection? Officials have stated alcohol or drugs were not involved. Was the driver fatigued? Was he distracted or inattentive? Why did he exit at the off-ramp when he was headed to Oceanside? Did the truck have some type of a mechanical issue such as problems with its brakes?

Protecting Victims’ Rights

In such cases, injured victims would be well advised to contact an experienced Orange County personal injury lawyer, who will stay abreast of the official investigation and ensure that their legal rights and best interests are protected. If it is determined that the truck driver’s negligence caused the crash, then, he and his employer can be held liable for the resulting injuries and damages. A knowledgeable truck accident lawyer will examine driver logs and truck maintenance records to determine fault and liability. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to accident victims and their families.

Women Still in Critical Condition after San Clemente Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Metal on Metal Hip Failure Attorneys

When the Depuy Orthopaedic hip device was found to have a higher-than-average failure rate, no one anticipated the wave of metal-on-metal devices that would be put under the microscope. Several studies have since shown that metal on metal hip replacement devices contribute to serious health complications that can lead to painful revision surgeries and permanent health problems. The metal on metal hip failure attorneys at Bisnar and Chase are working towards providing financial compensation for patients who have suffered as a result of these defective products as well as help prevent manufactures from creating defective products in the first place.

If you or a loved one are utilizing a metal on metal hip replacement, speaking with an experienced defective product lawyer is in your best interest. The attorneys at Bisnar and Chase have obtained millions of dollars in settlements and verdicts for their product defect clients in the last year alone, most notably their 24.7 million dollar verdict in August of 2011.

Metal on Metal Hip Devices

The following are metal on metal hip replacement devices which may contribute to serious health complications.

• Biomet M2a-Magnum
• DePuy ASR (Johnson & Johnson)
• Wright Conserve
• Wright Profemur Stem Designs
• Zimmer MIS Mini-Incision
• Smith & Nephew Birmingham
• Proxima Hip
• Stryker MITCHTRH
• B. Braun Melsungen
• Revelation Lateral THR
• TriboFit Hip System

California Hip Recall Attorneys

Get all of the information that you need from one of our experienced attorneys. Call 1-800-561-4887 today to speak with a Bisnar and Chase hip recall attorney in California for a free professional evaluation of your case. We offer a No Win No Fee guarantee and no obligation is needed for your case evaluation.

Call us today to get FREE LEGAL ADVICE

Metal on Metal Hip Failure Attorneys is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Anaheim Car Accident Causes Injuries

A female passenger was injured in an Anaheim car accident, which officials say may have involved a driver making an unsafe lane change. According to a news report in The Orange County Register, the accident occurred on the westbound 91 Freeway near North State College Boulevard, the morning of February 8, 2012. Officials say the driver of a Toyota 4Runner made an unsafe lane change into the carpool lane and sideswiped a Hyundai Sonata. The Sonata overturned and two other vehicles collided as well. A passenger in the Sonata was injured. It is not clear if others were harmed in this four-car collision or if the driver of the 4Runner will be cited for causing the crash.

My thoughts and prayers are with the injured victim of this Orange County car accident. I wish her the very best for a quick and complete recovery.

Orange County Car Accident Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), 23 people were killed and 1,970 were injured in Anaheim car accidents. During that same year, 141 fatalities and 13,373 injuries occurred involving Orange County car accidents.

Unsafe Lane Change

Based on this news report, the chain reaction crash occurred because the driver of the Toyota made an unsafe lane change into the carpool lane. California Vehicle Code Section 21658 (a) states that whenever a roadway has been divided into two or more clearly marked lanes for traffic in one direction the vehicle "shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety."

Liability Issues

In such cases, the at-fault driver can be held liable for the resulting injuries and damages. Injured victims can seek compensation to cover medical expenses, loss of wages and benefits, cost of hospitalization, rehabilitation and other related damages. Car accident victims would be well advised to contact an experienced Anaheim personal injury lawyer, who will stay on top of the official investigation and ensure that their legal rights and best interests are protected. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Anaheim Car Accident Causes Injuries is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Stryker Recalls Crania Implant Kits

Custom-made Cranial Implant Kits made by Stryker Corp. have been recalled over sterility issues.  According to the Food & Drug Administration (FDA), the Cranial Implant Kits are used to correct defects in the jaw and face, or cranium and face.

The Stryker cranial implant kit recall has been deemed a Class I recall by the FDA.  Class I recalls are the most serious type of recall and involve situations in which there is a reasonable probability that use of these products will cause serious injury or death, the agency said.

According to a Stryker press release, the recall involves 322 Custom Cranial Implant Kits.  The kits included in the recall are Small (Catalog no. 54-00101), Medium (Catalog no. 54-00102), Large (Catalog no. 54-00103), and Extra large (Catalog no. 54-00104) sizes.  Stryker recalled all kits it distributed, the release said.

Stryker issued the recall after determining that the sterilization validation of the product was not performed according to appropriate standards. Because the company could not assure the sterility of the product, implantation could result in serious health problems including infection (e.g., meningitis), intracranial abscess, wound infection, sepsis, re-operation with revision of cranioplasty, long-term neurological deterioration, additional hospitalization, or long-term intravenous antibiotic treatment. Death can occur if an infection is not diagnosed quickly, Stryker said.

Physicians and hospitals should stop implanting the Cranial Implant Kits immediately and return them to Stryker. According to the Stryker press release, patients who have received these implants should be monitored by their physicians for signs of infection for at least six months post-implantation.

Stryker said it previously notified implanting surgeons, hospital risk managers and its sales representatives of the potential health risks associated with the kits.  The company said it plans to repeat the notification.

Although the company demands any adverse events relating to this product should be reported to Stryker, we think it is in your best interests to contact us first.

Yes, this is old news, but if it affects you and your health, it is very current. The short version is that there may be a significant problem with your health due to medical devices. Contact the Stryker lawyers at the BISANR CHASE Personal Injury Attorneys right away if your think you have difficulties with your implant.

Stryker Recalls Crania Implant Kits is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Pedestrian Killed in Santa Ana Car Accident

A man was killed in a Santa Ana car accident after a van struck him as he crossed the road. According to a news report in The Orange County Register, the fatal pedestrian accident occurred on First Street in Santa Ana, the night of February 6, 2012. Officials say the man was walking outside of a crosswalk when the vehicle hit him. He was pronounced dead at the scene of the accident. The driver remained at the crash site and was not arrested. Officials say alcohol was not involved. They are still investigating the cause of this fatal pedestrian accident.

I offer my deepest condolences to the family members and friends of the man who was killed in this car accident. Please keep them in your thoughts and prayers.

Orange County Pedestrian Accidents

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), pedestrian accidents in the city of Santa Ana caused seven fatalities and injured 145 people. Throughout Orange County, 41 people were killed and 864 were injured in pedestrian accidents, during the same year.

Laws Relating to Pedestrians

Based on this news report, the pedestrian was not in a crosswalk or intersection at the time of the accident. California Vehicle Code Section 21954 states: “Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.” The same section also states: “The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.”

Liability Issues

The family of a deceased pedestrian accident victim would be well advised to speak with an experienced Santa Ana personal injury lawyer, who will stay on top of the official investigation and help protect their legal rights and best interests. In cases involving negligence or wrongdoing, the at-fault driver can be held liable for medical bills, funeral expenses, lost future wages, loss of companionship, and other related damages. A skilled car accident attorney can also help determine whether a dangerous roadway condition caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a public entity must be filed within 180 days of the incident.

Pedestrian Killed in Santa Ana Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Pedestrian Killed in Seal Beach Car Accident

Holly Barish-Sablich, 22, was killed in a Seal Beach car accident after being hit by an SUV while crossing the roadway. According to a news report in The Long Beach Press-Telegram, the fatal pedestrian accident occurred on the Pacific Coast Highway north of Anderson Street in Seal Beach, the night of February 5, 2012. Officials say the victim was crossing the road outside of a crosswalk or controlled intersection when the vehicle struck her. She was pronounced dead at the scene of the crash. It is not clear what caused the accident or if the driver will be cited for the collision.

My heartfelt condolences go out to the family and friends of Holly Barish-Sablich following this tragic car accident. Please keep them in your thoughts and prayers.

Orange County Pedestrian Accident Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but six injuries reported as a result of Seal Beach pedestrian accidents. Countywide, there were 41 fatalities and 864 injuries reported due to pedestrian accidents, during the same year.

Pedestrian Laws

Based on this news report, the victim was attempting to cross the road where there was no crosswalk. California Vehicle Code Section 21954 states: “Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.” It also states “The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.”

Liability Issues

In this particular case, if the driver of the SUV is determined to have been at fault, then, he or she can be held liable for the victim’s wrongful death. An experienced Seal Beach personal injury lawyer will be able to determine whether a dangerous condition on the roadway caused or contributed to this accident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental agency must be filed within 180 days of the incident.

Pedestrian Killed in Seal Beach Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Runaway Trailer Causes Orange County Car Accident

Three people were injured in an Orange County car accident involving a trailer, which got disconnected from a truck and veered through traffic. According to a news report in The Orange County Register, the truck accident occurred on the northbound 57 at Tonner Canyon in Brea, the morning of February 3, 2012. Officials say a trailer unhooked from a truck, crossed lanes of traffic and landed in the carpool lane. A Chevy pickup truck in the carpool lane managed to stop and avoid the trailer, as a white Nissan Sentra came to a stop behind the Chevy. A black Sentra then moved from the fast lane and crashed into the back of the white Sentra. The three injured victims were in the white Sentra. It is unclear if anyone will be cited for the crash.

My thoughts and prayers are with the injured victims of this Orange County car crash. I wish them all the very best for a complete and speedy recovery.

Orange County Accident Statistics

According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), one person was killed and 186 were injured in Brea car accidents. During that same year, there were 141 fatalities and 13,373 injuries reported as a result of Orange County car accidents.

Runaway Trailers

Based on this news report, the collisions occurred after a trailer came loose from a truck. There are several questions here. What caused the trailer to become unattached and how could have this accident been prevented? Was the truck driver or his or her employer (trucking or distribution company) responsible for the loose trailer? Runaway trailer accident can result in devastating injuries. According to the National Highway Traffic Safety Administration (NHTSA) there were 64,275 accidents resulting in 425 deaths and 16,482 injuries involving runaway trailers in the year 2005, the most current year for which these numbers are available.

Liability Issues

Victims of runaway trailer accidents would be well advised to discuss their legal rights and options with an experienced Orange County personal injury lawyer. The at-fault party may be held liable for the victim’s medical bills, time away from work, and other related damages. The best personal injury law firms will always offer a free consultation and comprehensive case evaluation to car accident victims and their families.

Runaway Trailer Causes Orange County Car Accident is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Break in Water Main Results in Damages in Fremont

February 5, 2012—Fremont, CA—Residents of a Fremont neighborhood near I-680 were surprised to find their homes flooding early Saturday morning when an uncovered manhole gushed water into the area. Fremont Fire Battalion Chief Ron McCormick stated that the 8-foot wide pipeline, managed by the Santa Clara Valley Water District, burst and flooded an entire block of Wabana Street between McDuff and Nodaway Avenues. Residents were evacuated from four homes, while an additional seven homes took water in basements and garages.

McCormick stated that water department crews, working earlier on the line, had apparently forgotten to bolt down one of the manhole covers. When the water was turned on again, it burst through the manhole, flooding homes on the west side of Wabana Street.

Fortunately, no injuries were recorded, but property damage will certainly be an issue. Fire crews were called and were able to contain the water main by 2 a.m. on Saturday. Water department officials were also called to the scene.

The residents of Wabana Street should be cleared to return to their homes soon.

I want to extend my sympathies to the victims of this unfortunate incident in the loss of their personal possessions, although I am grateful no one was injured.

Accident Statistics

Although far more people are killed and injured by water in sporting activities than in accidents with public utilities, as city systems age more people may be in danger. It is estimated in northern California that at least 40 percent of utilities pipelines need updating, and the figure could be much higher.

While this accident did not include injuries or fatalities, it is possible that subsequent accidents could do so, especially those involving water under high pressure or gas mains which could leak and lead to explosions.

What Happened In This Accident

Unfortunately, it appears that this accident was the result of sheer human error. Had the manhole cover been properly replaced, it appears that the accident might never have happened. Because of carelessness on the part of an employee or group of employees, many people have suffered loss of personal effects, damage to their homes, and the fear and anxiety of being evacuated.

Liability Issues

While governmental entities have limited immunity for their actions when they are performing the jobs assigned to them, this immunity does not extend to deliberate carelessness which causes injuries. The liability issues surrounding the shooting of a fleeing suspect, for example, can be complex; however, in this case, liability issues are fairly straightforward. By not following their own safety procedures, city employees caused tremendous problems for homeowners. A professional personal injury attorney should investigate this case and help the homeowners file claims to have their homes repaired and their possessions replaced.

Break in Water Main Results in Damages in Fremont is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Diabetes Drug Actos Conclusively Linked to Bladder Cancer

The pharmaceutical industry is a billion-dollar industry, especially in the United States where there is a "magic pill" for almost anything, whether it is a cold or indigestion. This does not mean that medications are not necessary, however; there are many conditions, such as diabetes, that are managed with drugs.

Pharmaceutical companies, though they know people are counting on their products to make them feel better, are usually more focused on distributing and profiting from their drugs as soon as possible. In order to do so, drug manufacturers often fail to subject their products to sufficient and/or comprehensive safety tests or clinical trials. Drug manufacturers may also avoid labeling their products with information that may lead to decreased use. This seems to have been the case with the type 2 diabetes drug Actos.

Actos and Bladder Cancer

Actos, a pioglitazone-containing drug manufactured by Takeda Pharmaceuticals, became the go-to diabetes drug after Avandia was criticized for its heart problem risks. Actos, which helps regulate blood sugar along with proper diet and exercise, was approved by the U.S. Food and Drug Administration (FDA) in 1999, though its preclinical carcinogenicity studies on male rats showed the development of bladder tumors. Actos did include a vague warning in the “Precautions” section of the label, but this did not require changes in prescription or warn patients of the increased risk of bladder cancer.

Relabeling Actos

A further study, conducted by the FDA and Takeda Pharmaceuticals, concluded that patients using Actos were indeed at an increased risk for bladder cancer. This study took 10 years. Although the FDA approved updated drug labels and physicians were advised on how to prescribe Actos and to whom, this does not help the patients who had been using Actos during the 10 years of the study, who perhaps should not have been taking it.

Obtaining the Compensation You Deserve

If you or a loved one has been diagnosed with bladder cancer in Massachusetts as the result of your long-term use of Actos, you may have cause for legal action. Experienced and dedicated Massachusetts Actos bladder cancer attorneys can help you hold negligent pharmaceutical companies liable for their negligence.

Diabetes Drug Actos Conclusively Linked to Bladder Cancer is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Nursing Home Fined $100,000 for Resident’s Death

The California Department of Public Health has slapped a $100,000 fine on a care facility in Daly City for nursing home neglect. According to a news report in The Associated Press, Seton Medical Center is facing the most severe penalty allowed under state law in connection with the death of an 81-year-old woman. Officials say, a nurse at the facility left the cap on a breathing tube that was inserted into the woman’s trachea. The woman suffocated and died. State officials said the nursing home received the maximum penalty because it did not have a policy in place for properly inserting the device, which is known as a “T-piece.”

I offer my deepest sympathies to the family members of this elderly patient who died as a result of negligence. They will be in my thoughts and prayers.

Serious Deficiencies in Nursing Homes

More than 1.5 million people live in nursing homes nationwide. That number has only been increasing and is expected to go up in the coming years. According to the Government Accountability Office, about one-fifth of nursing homes in the nation were cited for serious deficiencies – those that jeopardized the life of the patient – in 2008. The GAO report cited poor quality of care such as worsening pressure sores or untreated weight loss in a high number of nursing homes. These deficiencies, the report stated, puts nursing home residents in “immediate jeopardy,” which means that they are at risk of death or serious injury.

Failure to Meet Standards

Nursing homes are required to meet federal standards as a condition of participating in Medicare and Medicaid, which cover more than two-thirds of their residents at a cost of more than $75 billion a year. In this particular case, the nursing home in Daly City seems to have committed a fatal error because they did not have a policy in place when it came to inserting a T-piece.

A number of incidents involving nursing home neglect or nursing home abuse occur due to understaffing in nursing homes. When care facilities hire fewer staff and keep untrained or unqualified personnel on staff, because they are cheaper, and overwork them, it creates an environment that is ripe for abuse and neglect. Such situations stem from nursing homes putting profits ahead of the people they are supposed to serve.

Compensation for Victims’ Families

A family that has lost a loved one as a result of nursing home neglect can file a wrongful death claim against the at-fault facility. Victims’ families in such cases would be well advised to contact an experienced California personal injury lawyer, who has experience successfully handling similar cases and holding nursing homes accountable for their wrongdoing. The best nursing home abuse law firms always offer a free consultation and comprehensive case evaluation to victims or their families.

Nursing Home Fined $100,000 for Resident’s Death is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers