201105.25

Record 58 Million Dollars Birth Injury Settlement Awarded

in Child Injury Claims, Medical Negligence Claims

A jury in Waterbury, Connecticut, has awarded the State´s largest ever compensation amount to an eight year old boy who suffered disabling birth injuries during a Caesarean Section delivery in 2002.

Daniel Jacob D´Attilo of Norwalk, Connecticut, sued his mother´s obstetrician – Dr. Richard Viscarello, of Maternal-Fetal Care and Stamford Hospital – through his parents, Dominic and Cathy, alleging medical malpractice before and during the course of his birth.

It was claimed in the action that the doctor and his staff had failed to determine Daniel´s position within the womb and had delayed performing a Caesarean Section operation as a result. It was further claimed that Dr. Viscarello had not warned Mrs D´Attilo about the risks of a C Section delivery and had failed to have a certified anaesthesiologist or expert in placing an endotracheal tube present during the procedure.

The family alleged that, as a result of the doctor´s negligence, Daniel was starved of oxygen prior to his birth and sustained cerebral palsy as a result. The jury in Waterbury heard that Daniel cannot walk and is incapable of talking. He suffers frequent seizures and cannot sit up by himself or stand. Daniel also requires help when he eats and will require a lifetime of care.

The jury found in Daniel´s favour and awarded him the largest ever award of medical malpractice compensation witnessed in Connecticut.

201105.21

11 Million Dollars Compensation for Crash Brain Damage

in Passengers in Car Accidents, Road Traffic Accident Claims, Truck Accidents

A minister´s wife and parent counsellor from Iowa, who suffered extensive brain damage in a road traffic accident in 2004, has been awarded 11 million dollars by an Illinois judge.

Carla Link (56) of Burlington, Iowa, was returning home from a family Labor Day excursion in June 2004, when the van in which she was travelling was struck by a trailer which had become detached from the pick-up driven by Clovis Crane (31) of Lebanon, Pennsylvania.

Mr Crane had fallen asleep of the wheel of his vehicle, and his consequently erratic driving had caused the trailer to become detached. It collided with the Link´s van and caused it to crash into guardrail – after which it rolled over three times.

Carla was thrown through the passenger window as her seatbelt snapped due to the force of the impact, and suffered a broken vertebrae, ribs, collarbone and forearm. She also sustained damage to her spine, pelvic area and legs, and was diagnosed with brain trauma and damage to her nervous system on arrival at hospital. Carla´s husband and daughter also suffered minor injuries.

Although having healed from many of her injuries, Judge Jeff Ford at the Champagne County Court heard that Carla is confined to a wheelchair and still suffers a skin sensation akin to being on fire because of the nerve damage. This exceptionally painful condition will remain with her for the rest of her life.

Liability was not contested and, making his announcement of the 11 million dollar award, the judge stated that it represented Carla´s medical bills (which amounted to 699,000 dollars), the loss of a normal life, physical disfigurement and her pain and suffering.

201105.19

UK Whiplash Compensation Highest in Europe

in Car Accident Claims, Passengers in Car Accidents, Rear End Car Accidents, Road Traffic Accident Claims, Whiplash Injury Claims

Claims for whiplash injury compensation are the highest in Europe claims James Dalton – Assistant Director of Motor and Liability for the Association of British Insurers.

Speaking in Leeds at the 2011 Whiplash Conference, Mr. Dalton stated that three-quarters of personal injury claims in the UK are for whiplash injury, and insurers are paying out nearly two billion pounds each year for whiplash claims.

According to figures revealed by the Association of British Insurers, approximately 1,200 claims for whiplash injury compensation are made every day in the UK – six times more than the claims received in a year from people claiming workplace injury compensation.

The Association of British Insurers estimate that the volume of whiplash compensation claims adds an average of 74.00 pounds to British motorist´s insurance premiums and, in his speech, Mr. Dalton called on the government to quickly implement their proposals on civil justice reform.

The changes, claimed Mr. Dalton, would ensure that genuine claimants received fair compensation and access to rehabilitation services more quickly, while the potential for fraudulent claims would be decreased.

201104.23

Jury Awards Boy 297,500 Dollars for Death of Mother

in Road Traffic Accident Claims, Wrongful Death Claims

An eight year old boy has been awarded almost 300,000 dollars in wrongful death compensation after his mother was killed in a road traffic accident due to the driver of the car in which she was a passenger being under the influence (DUI).

The unnamed boy from Douglas, Colorado, was just aged seven years when, in August 2009, his mother Grace was returning from an evening out with friends. The car in which she was travelling was being driven at excessive speed by Dominick Wilmer who, the Colorado Superior Court heard, was drunk and high on pot.

Wilmer was arrested after the accident and convicted of vehicular homicide for Grace’s death and that of another passenger in the car. No other vehicle was involved in the accident. Wilmer is now serving a 13-year prison sentence.

201104.19

Preliminary Disclosure to Begin in U.S. DePuy Litigation

in DePuy ASR Hip Replacements, Product Liability, Product Liability Claims, Product Liability Compensation

In the United States, preliminary disclosure has begun in the federal multi district litigation (MDL) against DePuy Orthopaedics Inc. following the company’s recall of the DePuy ASR hip replacement systems last year.

The significance of preliminary disclosure is that depositions are taken against three DePuy executives to examine the company’s retention policies, electronically stored information and corporate organisation. The information gained from these depositions will assist lawyers representing plaintiffs in the States, who have identified certain documents relating to the sale and distribution of the ASR hip replacement systems which will strengthen their clients’ cases.

The MDL process has been agreed upon by both lawyers representing clients throughout the United States and DePuy Orthopaedics Inc. to speed up the time in which product liability claims against DePuy can be resolved. The depositions against the three DePuy executives are scheduled to be concluded on April 28 2011 and pre-trial arguments will then commence before the Honourable Judge David A. Katz of the Northern District of Ohio.

When the MDL process reaches this stage, it is anticipated that the number of plaintiffs involved in the action against DePuy Orthopaedics Inc. will have risen to many thousands. Approximately 93,000 hip replacement patients are affected by the faulty DePuy ASR hip replacement systems in the United States.

201104.14

Birth Injury Claim Settled for 8.5 Million Dollars

in Hospital Negligence Claims, Medical Negligence Claims

A New Jersey family has settled their claim for birth injury compensation, after their son was brain damaged during his delivery due to a lack of oxygen.

Emily Ordonez of Bayonne, New Jersey, was admitted to the Bayonne Medical Centre on August 14 2005 after showing the first signs of labour. No complications were expected, as all the prenatal tests had indicated that this was a normal and healthy baby.

However, within a short space of time the baby’s heart rate decreased from 140 beats per minute to less than 60 beats per minute due to a compressed umbilical cord. The compression resulted in a prolonged lack of oxygen, and subsequently Emily’s baby son, Jose, is unable to see, walk or hold his head up.

The claim against Bayonne Medical Centre, the delivery room nurse, her supervisor and the obstetrician, was made on the grounds that the delivery nurse waited almost half an hour after noticing the decline in the baby’s heart beat before calling the obstetrician. He, in turn, failed to arrive for twenty minutes, and then did not commence an emergency Caesarean section operation for a further twenty minutes.

The Bayonne Medical Centre admitted liability, and the hospital’s insurance company is to pay 6 million dollars to Jose to provide for his medical care in the future, with a further 2.5 million dollar settlement being paid to Emily and her husband for their emotional pain.

Jose, now 5, still lives at home with three older siblings. He requires full time care due to suffering frequent seizures and has to be fed through a straw.

201104.11

U.S. Drug Watchdog Urges DePuy Victims to Claim Individually

in DePuy ASR Hip Replacements, Product Liability Claims, Product Liability Compensation

Hip replacement patients, who have had faulty DePuy ASR Hip Replacement Systems implanted, are being urged to make independent claims for product liability and personal injury compensation, rather than rely on class actions.

The call comes from “U.S. Drug Watchdog”, a private company monitoring pharmaceutical and medical devices in the United States, as many class actions are in the process of being prepared.

Their fear is that individuals who suffer more acute complications during the revision surgery will be undercompensated for their pain and suffering and could lose up to 100,000 dollars in compensation.

Settlement of DePuy compensation claims in America may also be delayed by an ongoing investigation into doctors who received “incentives” to promote selected hip and joint replacements.

DePuy Orthopaedics were one of four companies who were recently fined 310 million dollars by the U.S. government following an investigation into Medicare fraud, and now the Justice Department’s U.S. attorney in Newark, Christopher Christie Jr., is looking into the role of the American Academy of Orthopaedic Surgeons in the promotion of faulty hip replacement systems.

201104.06

3.2 Million Dollars for Car Park Injury

in Personal Injury Claims

A Los Angeles concert-goer, who sustained terrible leg injuries when falling from a ledge alongside an access road from the venue car park, has been awarded 3.2 million dollars by a Los Angeles Superior Court jury.

Denise Herron, of Los Angeles, California, was attending a John legend concert with her boyfriend at the Greek Theatre in Los Angeles in September 2009. After being directed by parking attendants to a nearby dirt car parking area, Denise and her boyfriend started making their way to the venue entrance.

However, access from the car park involved walking towards oncoming traffic, and many other concert-goers had chosen an alternative route which involved climbing over a two foot high fence which had a three foot ditch on the other side. This access was unlit and, in the darkness of the night, Denise slipped and broke her leg.

Due to the severity of her injuries, the Los Angeles Superior Court heard that Denise had to leave her job as sports marketing director for the L.A. Sparks and, after four surgeries to repair the injury, the bone has still not properly healed and remains in two pieces. A medical expert at the trial gave evidence to suggest that Denise may never fully recover from her injuries.

Claiming that the Greek Theatre was negligent in not providing a safe access to the theatre from the car parking area, Denise sued Nederlander-Greek Inc., lessees of the Greek Theatre, for personal injury compensation and loss of income. The Los Angeles jury agreed that Nederland-Greek Inc. were indeed negligent and awarded the considerable compensation settlement in Denise´s favour.

201104.02

Warning Over Zinc Poisoning in Denture Creams

in Drug Side Effect Compensation, Product Liability Claims, Product Liability Compensation

A report published in the March/April 2011 edition of the American “General Dentistry” journal advises dentists against exposing patients to too excessive amounts of zinc by ensuring that their dentures fit correctly.

Zinc is a common metal used in dental products, and administered in the recommended quantities should not present a problem. However, too much zinc can result in a copper deficiency, neurological problems and anaemia.

The report gives as an example a tube of denture adhesive – such as Flexigrip – which should last denture wearers up to twelve weeks. Some patients, who have ill-fitting dentures, will use much more than is recommended to keep their dentures in place.

Lawsuits have been filed in America against the manufacturers of denture creams which contain zinc for not adequately warning about the risks associated with the product. GlaxoSmithKline has reportedly settled some lawsuits regarding the zinc toxicity of their denture adhesive, Poligrip.

201103.21

Family in Medical Malpractice Suit Awarded 1.7 Million Dollars

in Medical Negligence Claims, Wrongful Death Claims

A widow has been awarded 1.7 million dollars in a medical malpractice action against her departed husband’s physician after he incorrectly diagnosed a heart valve problem as a torn muscle.

Gerard Heidt (42) of Billings, Montana, was a father of four who was known to have a minor heart condition. Apart from that, he was in general good health when visiting his physician in 2004 -, Dr. Faranak Argani of the Billings Clinic – complaining of a pain in his chest.

Dr. Argani misdiagnosed the pain as a torn muscle, when in fact Gerard was suffering from a leaky valve. Had Gerard been correctly diagnosed, he would have received a replacement heart valve. Instead Gerard was dead within a year, and the family claimed in their court action that he should have been referred to a heart specialist.

A jury at Yellowstone County Court found both Dr. Argani and the Billings Clinic guilty of negligence, determining that the death was entirely avoidable. They awarded Gerard’s widow, Amy, and her four children – one of whom suffers from learning difficulties – 1.6 million dollars for lost wages and a further 120,000 towards the children’s education.

201103.18

More Men Reporting Sexual Harassment in the Workplace

in Discrimination, Workplace Compensation Claims

According to a report by the Equal Employment Opportunity Commission (EEOC) the percentage of men in America reporting sexual harassment in the workplace has more than doubled in the past twenty years.

The report which combines statistics gathered by the EEOC and Fair Employment Practice Agency (FEPA) shows that complaints of sexual harassment in the workplace instigated by males increased from 8.0% in 1990 to 16.4% for the year 2010.

Although the majority of complaints are still made by women, the agency is contacted by more than 2,000 men each year in respect of workplace sexual harassment – frequently alleging male-on-male harassment.

Although the growing number of claims recorded in this report would indicate that more men are being sexually harassed in the workplace, it is unclear whether it is simply a case of more men coming forward and reporting these incidents whereas they would have previously remained silent.

201103.16

17.5 Million Dollars for Asbestos in Brake Linings

in Mesothelioma, Workplace Compensation Claims, Workplace Injuries

A Californian man, who contracted mesothelioma cancer after working with brake linings that contained asbestos, has been awarded almost 17.5 million dollars in a compensation package in a court hearing.

Gordon Bankhead (66) of Oakland, California, worked at the Sea-Land Shipping Company – also of Oakland, California – for more than 30 years. During this time, his duties included inspecting the brakes on heavy duty vehicles, and grinding, blowing out and fitting new brakes where necessary.

It was Gordon’s exposure to the asbestos in these brake components, which lead to him being diagnosed with mesothelioma cancer in March 2010. In the trial against his former employers, evidence was shown to the jury that the Sea-Land Shipping Company was fully aware that asbestos was present in the linings of the brakes, but failed to provide warnings to its customers and employees.

The jury subsequently awarded Gordon and his family a total settlement package of 17,470,000 dollars to compensate him for his economic loss, pain and suffering and punitive damages.

201103.15

Fresh Class Action Lawsuit Launched in Australia Against DePuy

in DePuy ASR Hip Replacements, Product Liability Claims

A new class action lawsuit has been filed in Australia against DePuy Orthopaedics Inc – manufacturers of the faulty ASR and ASR XL Hip Replacement Systems – to add to the many already underway in the United States.

5558 people in Australia were fitted with faulty implants between 2003 and the systems’ recall in 2009, and now a legal team in Victoria has filed a group claim to compensate victims who will have to undergo painful revision surgery and risk lifelong health problems.

The lead applicant, Tammy Stanford (40) from Hobart, Tasmania, had her left hip replaced with a DePuy Hip Replacement System in 2005. Throughout 2009 her health deteriorated, and she sought medical advice.

In January 2010, a surgeon found that her hip joint was inflamed and the bone surrounding the implant had degenerated. Tammy’s condition will mean that she requires specialist hip reconstruction before her faulty implant is removed and replaced with a safe device.

Australian surgeons first started noticing problems with the DePuy Hip Replacement Systems in 2007, however they were not withdrawn until December 2009. The case is due to be presented to the Federal Court in Sydney.

201102.25

America’s FDA Slams Metal-on-Metal Hip Implants

in DePuy ASR Hip Replacements, Product Liability Claims

More weight was given to the increasing number of class action suits being filed against DePuy Orthopaedics, with the release of a Public Health Statement by America’s Food and Drug Administration (FDA). The FDA is responsible for protecting and promoting public health throughout America, and regulates the provision and use of all medical devices in the United States.

In a statement posted on the FDA website, concerns are raised about the use of metal-on-metal hip systems, which are “known to have adverse events including infection and joint dislocation”. The statement lists many of these “adverse events” which include pain around the hip or groin, localised swelling or numbness, and a change in the patient’s ability to walk.

In addition, and reminiscent of the Erin Brokovich case, the FDA also highlights concerns about metal ions from the implant entering the blood stream. They cite cases where patients have developed a reaction to these ions and experienced medical problems relating to their nervous system, heart and thyroid gland.

The FDA statement comes months after the DePuy ASR Hip Replacement recall in Ireland, and class action lawsuits being filed in both the United States and Australia.

201102.17

FDA Claims All MoM Hip Replacements Are Hazardous

in DePuy ASR Hip Replacements, Product Liability Claims

The Food and Drugs Administration (FDA) – the regulator of medical devices in the USA – has issued a warning that all metal-on-metal (MoM) hip replacements could be hazardous.

The FDA claims come six months after the DePuy ASR hip recall in Ireland which was due to a “higher than expected” failure rate, and identifies all MoM hip replacements as being capable of causing the same injuries as witnessed with the recalled DePuy hip devices.

The main concerns of the FDA are “adverse reactions to metal debris” which are attributable to microscopic metal particles released into the bloodstream when friction occurs between the metal ball and cup of the implant.

Typical symptoms of an “adverse reaction” include pain, rashes and inflammation around the area of the implant, but the FDA have recommended that recipients of MoM hip replacements pay close attention to their general health, with particular focus on changes in the following areas:-

The kidneys (a change in urination habits)
The heart (chest pains or shortage of breath)
The thyroid (fatigue, feeling cold and weight gain)
The nerves (numbness, weakness and changes in vision or hearing)

Advice issued by the FDA is that, as recipients of MoM hip replacements will be affected in different ways by the presence of metal particles in their blood, any changes in the health of somebody implanted with a MoM hip replacement should be brought to the attention of their doctor immediately.

201101.20

Major Increase in Serious Workplace Injuries Reported in UK

in Workplace Compensation Claims, Workplace Injuries

Berkshire local newspaper, The Wokingham Times, has reported that serious workplace injuries in the borough soared by 25% in 2009/10. Although there were no fatalities among those injured, the Health and Safety Executive (HSE) has urged local employers to redouble their commitment to health and safety.

Speaking to the paper, Mr Mike Wilcock, head of operations for the HSE in the south east, said: “Employers have a legal duty to protect their workers and I would encourage them to make it their New Year’s resolution to ensure they continue to take sensible precautions to prevent incidents in the workplace”.

Commenting on the general statistics for the whole of the south east of England region – which saw a reduction in the total number of all workplace injuries but an increase in the number of fatalities – Mr Wilcock continued “The reduction of employees injured through their work is encouraging, but we must remember that each death results in a family missing a loved one this festive season.”

According to the HSE Report for 2010, there were 3343 serious workplace injuries in the south east region and 15 fatalities.

201010.22

Largest Compensation Payment Ever in the UK for Car Accident Injury

in Compensation Claims, Personal Injury Claims, Road Traffic Accident Claims

The High Court in London has awarded what is thought to be the largest personal injury compensation package ever awarded in the UK to Chrissie Johnson, now aged 20. The award was for severe injuries, including brain damage, that occurred in an traffic accident in November 2006, when she was a passenger collided with a lorry on the Epping Road, near Ongar, England.

The family has already received a payment £2.5 million, with another lump sum of £4 to be paid immediately. However, the the most notable element of the award is taxfree payments of £300,000-a-year to cover the costs of providing care for as long as the victim lives.

The total value of the compensation package has been estimated at £17 million.

Such as system of annual payments is under investigation in Ireland.

201008.17

Massive Egg Recall in USA due to Salmonella Outbreak

in Product Liability, Product Liability Claims, Product Liability Compensation

Half a billion eggs shipped to 14 states in the USA have been recalled over recent weeks due to a salmonella outbreak. Around 2,000 cases of salmonellosis have been reported, although with unreported cases the true number could be over 70,000.

The entire outbreak was linked to a very small number of farms, mainly due to the consolidation in US agriculture over the past few decades. The production methods of these massive farms have been called into question and there have been many calls for improvements in the way the Food and Drug Administration supervises the food industry.

Salmonella is the genus name for a large number (over 2,500) of types of bacteria. The most common disease associated with Salmonella is called Salmonellosis, which is gastroenteritis (food poisoning). The symptoms are nasea, vomiting, and diarrhea. Although food poisoning is usually mild, it does lead to about 500 deaths per year in the USA.

The most obvious way to avoid egg-based Salmonellosis is not to eat eggs, especially infants and elderly people. If you do want to eat eggs, then only eat fresh eggs and ensure that the are fully cooked. You should even take the precaution of washing all hands and all surfaces that come in contact with raw eggs (and raw chicken or meat for the same reason).

As might be expected, the crisis has resulted in multiple lawsuits from victims.

201007.20

California Pays $20 Million Compensation to Jaycee Dugard

in Child Injury Claims, Compensation Claims

The Californian Legislature has voted to pay Jaycee Dugard and her two daughters a total of $20 million in compensation over the failure of the state’s parole service to supervise convicted kidnapper and rapist Phillip Garrido.

The settlement had been negotiated after Dugard sued last February the state of California for “psychological, physical and emotional injury; loss of livelihood” during her 18 years in captivity.

Duggard was held in sexual bondage in a hidden backyard compound by Phillip Garrido, who fathered her two children.

The payout avoids a court hearing that would focussed on a long series of serious parole supervision lapses. These lapses are already well documented in an authorative report by the California Office of the Inspector General.

Garrido had served only 11 years of a 50-year federal sentence for a pervious kidnapping and raped and was under federal supervision when when Jaycee Duggard. Californian parole agents incorrectly classified Garrido as a low-risk offender, ignored a report that indeciated the hidden backyard area where Jaycee Duggard was imprisoned, ignored alerts from Garrido’s CPS anklet, and ignored the presense of a one of Jaycee Duggard’s daughter during a parole visit.

Governor Arnold Schwarzenegger is expected to sign the bill into law to allow the payment to be made.

201007.08

Birth Injuries Identified as UK’s Main Reason for Increased Medical Negligence Compensation

in Child Injury Claims, Medical Negligence Claims

New statistics have revealed that birth injuries are the single biggest contributor to the increase in medical negligence compensation in the UK.

The highest payments for birth injuries typically involve cases where babies are starved of oxygen at birth. Poor standards of care during maternity has been a common factor in many cases.

The total compensation for the serious medical negligence claims over the past 14 years was £1.8 billion, with over 600 patients receiving over £1 million. Some 314 babies were left with cerebral palsy due to during birth injuries during this period. Two recent awards illustate the problems created by child births, which can lead a child needing lifelong long-term care: a ten year old boy was awarded £7.1 million due to severe brain damage from birth and another child received a settlement of £9.7 million compensation after being left badly disabled by a birth injury.

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