August 08, 2012

Injuries due to premises liability can happen to anyone and anywhere – almost always when least suspected. Such was the case during the Tony Awards in 2009 when rock singer Bret Michaels was struck on the head by a falling piece from the stage set. The incident happened after Michaels and his band, Poison, performed the 1980s hit song "Nothin' But A Good Time" with the "Rock of Ages" musical cast. He suffered a broken nose, split lip and trauma to the head. Later, in April 2010, Michaels suffered a near-fatal brain hemorrhage. Last year he sued the Tony Awards and CBS for damages. Michaels, a recent contestant on the TV show “Celebrity...

Tags: Premises Liability, Personal Injury
August 01, 2012

Lynn Szymoniak couldn't have known on one fateful day back in 2008 that she would be rich in a few years. But her actions led to the uncovering of widespread fraud on the part of some of the country's biggest banks and, ultimately, a very large whistleblower reward for citizens who helped bring the case to light. In all, six whistleblowers shared $46.5 million, with Szymoniak’s share being $18 million, according to a recent CNN report. In a settlement of the case, the nation's five largest mortgage lenders agreed to pay $5 billion in fines and roughly $20 billion more in refinancing and mortgage modifications for borrowers. The U.S. False...

Tags: Whistleblower Cases
July 25, 2012

Birth injury case brings large verdict
Birth injuries due to doctor or hospital negligence are all too common. In yet another large award made to the family of an injured baby, a jury in Virginia recently handed down a $9 million verdict for a newborn who suffered cerebral palsy and damaged kidneys because of the actions of two doctors. The Roanoke Times reported the verdict came after just four hours of deliberations that followed 10 days of testimony in the case of Marissa Simposn, now 10 years old. The jury found two...

Tags: Birth Injury, Medical Malpractice, Cerebral Palsy, Erb's Palsy
July 15, 2012

 Charlene Whalen’s doctor prescribed methadone to help her deal with chronic back pain. But the dosage, according to testimony in a trial three years later, was too high. In the middle of the night, the 49-year-old Maine woman stopped breathing in her sleep and suffered brain damage resulting from oxygen deprivation. Defense attorneys argued that the dosage prescribed by her doctor was within “an appropriate range” and that neither the pharmacist nor the pharmacy’s computer system raised any alarms. But Whalen’s attorney provided expert opinions that the prescription was eight times the recommended dosage. The Bangor Daily News ...

Tags: Medication Errors, Medical Malpractice
July 10, 2012

Two whistleblowers who once worked for a radiation clinic will get a piece of a $3.8 million settlement the company agreed to pay to resolve a false claims investigation. Radiotherapy Clinics of Georgia had been accused of overbilling Medicare for treatments provided to prostate cancer patients and billing for unnecessary services, according to a report in The Atlanta Journal-Constitution. The whistleblowers included a doctor and a physicist who now will reap a reward for helping the government in the case. A lawyer for one of the whistleblowers praised the U.S. Justice Department and the Office of Inspector General for the...

Tags: Whistleblower Cases
July 08, 2012

Among the latest product recalls announced by the U.S. Consumer Product Safety Commission (CPSC) are the following products:

  • Target Home Bunny sippy cups (injury hazard - 264,000)
  • Christmas Tree Shops Farm Glass & Metal spiral tea light holders (fire hazard - 6,200)
  • Manhattan Group LLC, Whoozit Starry Time rattles (choking hazard - 3,000)
  • Gerber Instant knives laceration (hazard - 3,000)
  • Sonoma Valley Swivel Top Bar Stool 24" or 30" models (fall hazard - 2,350)
  • Exmark Quest 42" ZRT Riding Mowers About (crash hazard - 2,200)
  • Motors Corp., U.S.A., Teryx recreational off-...
Tags: Product Liability, Product Recalls, Dangerous Products
July 07, 2012

 Maria Garcia underwent surgery to remove her thyroid and parathyroid glands in her neck but she never recovered from surgery. It turned out that during the procedure the anesthesiologist failed to realize the patient’s breathing tube had moved, preventing the 66-year-old woman  from breathing on her own and depriving oxygen to her brain. The 2008 incident in Michigan resulted recently in a $1.23 million medical malpractice verdict for Garcia’s family. The jury deliberated three days before handing down its verdict, only the second significant medical malpractice lawsuit in Kalamazoo County in the past eight years. The only larger medical...

Tags: Medical Malpractice
July 01, 2012

 Don’t tick off the library clerk. Or at least not Diane Boerman. She was the California woman who told her bosses at the Sacramento Public Library Authority that something seemed fishy about the agency’s billings for maintenance projects. But her boss ignored her and, worse, she claimed that she was later passed up for promotions and raises and that her superiors "generally made her life miserable,” according to her subsequent lawsuit. It turned out that there had been a kickback scheme at the library system and that 1,400 padded bills cost the library $800,000, according to a report in The Sacramento Bee. Two library officials...

Tags: Whistleblower Cases
June 24, 2012

 It began with a migraine. It ended in a nightmare. In late 2006, Robyn Frankel entered the Stanford Hospital & Clinics in California where doctors ordered an angiogram to investigate an abnormal vein in Frankel’s brain to try to determine the cause of her headaches. When dye for the angiogram was injected into the blood vessels of her brain, Frankel suffered a stroke and fell into a coma, according to a news report of the case. As it turned out, the vein had nothing to do with the migraines and the angiogram had been unnecessary. When Frankel awoke from the coma, she was a quadriplegic. Now 48, she is confined to a wheelchair, has...

Tags: Medical Malpractice
June 12, 2012

 “Alarming” is how one state lawmaker sized up the situation at a struggling hospital in Brooklyn, NY. Medical errors at Brookdale University Hospital and Medical Center have soared, with the New York Daily News tallying the number of lawsuits pending against the facility at more than 100, including at least a dozen in which patients died. Said state Assemblyman Nick Perry: “The number of suits against Brookdale is alarming … (it is) a very strong indication that something is definitely wrong with how the hospital is run.” The hospital is one of five financially troubled Brooklyn hospitals recommended for mergers...

Tags: Medical Malpractice