California Injury Lawyers Blog

August 15, 2013

Injuries at Jump Gyms Spur Safety Concerns

Local authorities in California and Utah are cracking down on trampoline parks amid rising injury rates, according to CBS News.

Last September, the American Academy of Pediatrics discouraged the recreational use of trampolines after finding evidence for risk of major injuries such as ankle injuries, shin fractures, spinal injuries and head and neck injuries, which in rare cases resulted in brain damage.

The report found that in 2009 alone, 70 injuries occurred for every 100,000 kids between 0 and 4 using a trampoline, and 160 injuries for every 100,000 kids 5 to 14 years old . That’s approximately 98,000 trampoline injuries per year.

July 24, 2013

Woman Killed in Fall from Roller Coaster

by Blady Workforce Law Group, APC

As reported by CNN, an initial investigation shows no sign of foul play in the death of a woman who fell from a roller coaster at Six Flags Over Texas on July 19. “At this point of the investigation, it does not appear there was any foul play or criminality associated with this tragic incident,” according to a statement released by the Arlington Police Department. Six Flags confirmed that a woman died Friday while riding the Texas Giant roller coaster, but did not provide further details. She was identified by family members as Rosy Esparza.

Park medical staff and area paramedics responded immediately to the scene.”Since the safety of our guests and employees is our number one priority, the ride has been closed pending further investigation,” the theme park said in a statement.

Gabe Flores said he was next in line at the amusement park. “Me and my girlfriend were at the gates and the next ones to get on the ride … the cars came in and there was a man and a woman in the front,” he said. “The man was saying, ‘let me out, let me out, my mom fell off.’ “The man and woman were distraught and speaking in raised tones, said Flores, who lives in Benton, Texas. “There’s a turn that’s pretty steep, and the person behind her empty seat said she fell out there — just flew out,” he said.

July 12, 2013

Family Sues Gym for Daughter’s Death

by Blady Workforce Law Group, APC

The family of a 22-year-old Long Island woman who died after collapsing in the locker room of her gym says the staff failed to take proper action when their daughter passed out. “Things were really starting to happen for her,” said Jeanine Hamlin, the mother of Emily Hamlin. “She was only 22, but her life was just cut off.”

As reported by NBC News, Emily Hamlin, of Central Islip, had gone to the Planet Fitness gym in Bay Shore, N.Y. to work out on the morning of Feb. 6, 2012. She later collapsed in the bathroom of the women’s locker room, and according to a lawsuit filed by her family, the front desk worker failed to respond right away. According to a sworn statement given by a witness, the male worker said “he didn’t know what to do and that he wasn’t allowed to go into the ladies’ bathroom.”

Security video obtained from inside the gym by Emily’s father, John Hamlin, paints a timeline of the events that morning. At 5:16 a.m., Stephanie Dick, a club member who heard Emily collapse in the bathroom stall, goes out to the front desk to ask for help. The worker does not leave his desk and does not pick up the phone.

June 28, 2013

Monster Beverage Sued in California Teen’s Death

by Blady Workforce Law Group, APC

The mother of a teenager who died from cardiac arrhythmia last year is blaming his death on Monster Beverage. In a lawsuit filed Tuesday, accordnig to AP, she alleges that his death was caused by habitually drinking the company’s energy drink.

Nineteen-year-old Alex Morris went into cardiac arrest during the early morning of July 1 and was was pronounced dead at the hospital. The lawsuit filed in Alameda County Superior Court alleges Morris would not have died if he did not drink two cans of Monster’s energy drink every day for the three years before his death, including the day he died. Morris’ mother, Paula Morris, is listed as a plaintiff in the case.

The lawsuit comes after the family of 14-year-old Anais Fournier of Maryland also sued the company last year after she consumed two 24-ounce cans of Monster and died.

June 18, 2013

Philadelphia Building Collapse

by Blady Workforce Law Group, APC

PHILADELPHIA – A heavy equipment operator accused of being high on marijuana when a downtown building collapsed onto a thrift store, killing six people, is in custody after surrendering to face charges in the deaths, police said.

Sean Benschop, who has a lengthy police record, surrendered Saturday and faces six counts of involuntary manslaughter and 13 counts of reckless endangeriment. He is awaiting arraignment. Authorities believe the 42-year-old Benschop had been using an excavator Wednesday when the four-story building under demolition gave way and toppled onto an attached Salvation Army thrift store, killing two employees and four customers and injuring 13 others.

Deputy Mayor Everett Gillison said a toxicology report showed evidence that Benschop was high on marijuana. That finding, combined with witness statements and evidence from the scene, led to the decision Friday to seek an arrest warrant, he said.

May 13, 2013

Infant Oxygen Study Didn’t Fully Disclose Risks

by Blady Workforce Law Group, APC

As reported by the AP, Federal health officials found that the parents of premature babies enrolled in a study of oxygen treatment several years ago weren’t properly informed of the risks: blindness or death.

Oxygen has been a standard of treatment for very premature babies. But too much has long been known to cause a kind of blindness called retinopathy of prematurity, and too little can increase risk of death. The study in question enrolled 1,300 babies at 23 hospitals between 2005 and 2009, to determine the optimal dose in that range.

Standard practice at that time was to use a specific range of oxygen, and researchers in the study, funded by the National Institutes of Health, randomly assigned babies to receive either the low end or the high end in that range.

April 29, 2013

Oklahoma Dentist Linked to 60 Infections

by Blady Workforce Law Group, APC

Former patients of a Tulsa, Oklahoma, dentist accused of using dirty instruments are outraged over reports that at least 60 people have tested positive for hepatitis and HIV. But investigators say the source of the infections is still unclear.

According to ABC News, more than 7,000 patients of W. Scott Harrington were sent letters in late March outlining the risk of infection from poor sterilization practices and steps to obtain free blood testing. Of 3,122 patients tested by county health departments so far, 57 tested positive for hepatitis C, three tested positive for hepatitis B, and one tested positive for HIV.

“I think everyone here in Tulsa is shocked that an oral maxillofacial surgeon was so absolutely sloppy in both his technique and his regard for patient safety,” said Patrick Carr, an attorney representing one of Harrington’s former patients. “It’s extremely upsetting for everybody.”

April 16, 2013

April is cell phone crackdown month

by Blady Workforce Law Group, APC

Later this month, thousands of police officers will spread out across California in a massive crackdown on drivers texting or talking on handheld phones. Authorities will be plenty busy, since so many drivers don’t seem to care that these activities have been illegal for nearly five years.

New data from police statewide, according to the San Jose Mercury News, show they issued 425,041 tickets last year for talking on handheld phones — down about 35,000 from the previous year but still a 41 percent increase from 2009, the first full year of the cell-phone ban. Numbers were much smaller for texting citations: 21,059 in 2012. But that’s still a 41.5 percent increase from the previous year and a whopping 640 percent surge since 2009. And it’s texting that concerns police the most — it’s more dangerous because it takes drivers’ eyes off the road, and harder to ticket because it’s easier to hide. “Surprised, no. Dismayed, yes,” said Chris Cochran, a spokesman for the California Office of Traffic Safety. “After the intense media, public awareness and enforcement campaigns that have been mounted the past four years, we would hope to see a turnaround.”

A study released last week by the Centers for Disease Control and Prevention found that 69 percent of U.S. drivers admit to talking on their cell phones and about one in three texts while driving. Former Transportation Secretary Ray LaHood called cell-phone use and texting “a national epidemic.” In 2011, 3,331 people were killed and 400,000 injured in crashes caused by distracted driving. The National Transportation Safety Board has called for a ban on cell-phone use by drivers, including the use of hands-free phones. Most studies show hands-free conversations are just as distracting to drivers as handheld phones.

March 19, 2013

Maryland court considers liability of bars in drunk-driving crashes

by Blady Workforce Law Group, APC

Michael Eaton had 17 beers plus other drinks before leaving a Gaithersburg, MD tavern on August 21, 2008, according to court records. Forty-five minutes later, he slammed his Range Rover into the back of a Jeep Cherokee at almost 98 mph.

Ten-year-old Jazimen Warr, sleeping in the back of the Cherokee, was killed and the rest of her family sustained injuries in the crash. Now, that crash could change Maryland law and allow victims of drunk-drivers and their families to sue bars and restaurants if their inebriated patrons cause deaths and injuries.

As reported in The Baltimore Sun, Jazimen’s grandparents have asked Maryland’s highest court Tuesday to revive their $3.25 million lawsuit against the Dogfish Head Alehouse, where Eaton, of Fairfax, Va., ran up his tab, some of which may have included drinks for other patrons. “If you’re going to load up somebody with liquor, at least be responsible so they don’t get behind the wheel,” said Rev. William Warr, Jazimen’s grandfather who, with his wife, Angela, were raising Jazimen and her older sister Cortavia Harris. Cortavia suffered a broken hip in the wreck. Dogfish Head Alehouse is fighting back, urging the Court of Appeals to reject the Warrs’ claim. An attorney representing the corporation that owns the tavern declined to comment on the case.

March 5, 2013

Safety history of cruise ships difficult to assess

by Blady Workforce Law Group, APC

A labyrinthine maze of maritime rules, fragmented oversight and a patchwork quilt of nations that do business with cruise lines make it tough for consumers to assess the health and safety record of the ship they’re about to board.

Want to know about a ship’s cleanliness record? Food safety? Virus outbreaks? It’s difficult to find, partly because there is no one entity or country that regulates the industry with its fleet of ships that are like floating mini-cities.

In the case of Carnival Cruise Lines, according to the Associate Press, the owner of the Carnival Triumph that spent days in the Gulf of Mexico disabled by an engine fire, the company is incorporated in Panama, its offices are based in Miami, and its ships fly under the Bahamian flag — a combination that is not unusual in the cruise line industry.