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$1 Million Granted to Family of Former Town Official for Wrongful Death Claim

Los Angeles Lawyer — Tue, 24 Jan 2012 21:37:38 +0000

A jury awarded the family of a former Windham supervisor with more than a million dollars for a wrongful death claim filed against an Albany hospital last Thursday.

Thomas P. Meeham had been one of the known supervisors in Windham, New York and was re-elected as a town official nineteen times. While doing his role as a public servant with the community, Meehan also worked as a carpenter until he came into Albany Medical Center Hospital for a hip replacement on November 11, 2009.

The day after his surgery, Meehan still managed to walk but over the next two days, he had experienced events of dyspnea, a condition referring to the difficulty in breathing. He died the following day.

The family’s wrongful death attorney said those symptoms that Meehan had experienced are a sign that he is in the early stage of having pulmonary embolism. It is a condition wherein the main artery of the lung or one of its branches is blocked by a substance that has traveled through the bloodstream from somewhere else in the body. A blood clot from the deep veins in the legs usually cause pulmonary embolism.

In their lawsuit, the family affirmed that Meehan’s attending physician – Dr. Aniko Felligi failed to request scans that could have determined the blood clots. Meehan could have survived from his seizure if he was administered with an anticoagulant.

The jury granted the family with a total of $1.4 million for economic damages, which included the decedent’s future earnings and the value of tasks he may have done.

The award value for the family’s wrongful death claim is higher than expected and the Los Angeles injury attorneys see the court’s decision engaging.

Wrongful Death Claim Granted to Family of a Boy Killed in a Car Accident

Los Angeles Lawyer — Thu, 05 Jan 2012 23:10:27 +0000

Landers family was awarded with $1 million for their car accident wrongful death claim after losing their son to a drunk driver.

Leaving your kid to one of your most trusted relatives or friends for a weekend or a vacation trip will absolutely bring you peace of mind. However, this verdict must be seen as a warning to parents leaving or planning to leave their children behind for a weekend getaway or a vacation.

The family of a young boy who died in a drunk driving vehicle accident finally won the wrongful death claim they filed way back in 2009. The said drunk driving accident occurred on July 18, 2009. It was when the parents of a 12–year-old Matthew Landers left him under the custody of Randy Sonzanski – a close family friend for a fishing trip in Alaska.

The couple probably gave too much of their trust to Sonzanski, not knowing that the latter would be unmindful of taking good care of their son. Sonzanski being careless about Matthew, allowed the boy to ride on the car of Sonzanski’s friend – Daniel Armstrong upon knowing that Armstrong was already intoxicated by an alcohol.

Don’t drink and drive – that’s the golden rule that Armstrong violated. The worst thing is that the young boy is with him when his car submerged into the Alaskan river as a result of drunk driving. Matthew died from drowning in the river while Armstrong survived.

The police officers who conducted an investigation regarding the incident confirmed that there was a substantial blood alcohol concentration level found in Armstrong’s sobriety test.

Driving with a blood alcohol content (BAC) of 0.08 or more is strictly prohibited in Alaska. According to researches, having a BAC level of .05 may weaken the driving ability of most people. Therefore, 0.08 BAC level was set to be the lawful limit for drivers.

Finally, after several years of waiting, justice has come. Armstrong pleaded guilty and will be facing four years imprisonment. May this serve as a warning to would-be drunk drivers.

Having a quality time with each other might be one of the best moments for spouses. However, kids should never be overlooked in such instances. Take some time and effort in considering to bring your kids too on your vacation trip rather than leaving them under the custody of other people.

Wrongful Death Claim Filed Against Pomona Police Department

Los Angeles Lawyer — Fri, 09 Dec 2011 23:29:54 +0000

After the fatal shooting of the Pomona Police Department against the 26-year-old Latino – Andres Avila, the Pomona Police Department is now facing wrongful death claim filed by the victim’s family.

The shooting incident occurred last October 16 at Avila’s own residence in 900 Block West Holt Avenue, Pomona. However, it all started on the 4th of July when a police entered and chased him for uncertain reason. Avila attempted to run for fear of his own life but he was beaten by the police. Said incident was recorded by Avila’s family through a cell phone video.

Due to that incident, Avila filed a written complaint against the police officer who trespass and beat him in his own house.

Three months later, Avila was shot by the same police officer who caused the disturbance in his house. Allegedly, Avila was asleep in his car when two police officers ordered him to step out and was then shot. Avila was pronounced dead on the spot.

Avila’s family together with their California personal injury attorney filed a wrongful death claim against the Pomona Police Department regarding two incidents executed by the same police officer.

The Pomona Police Department had not given their comments yet while referring the inquiries to the Sheriff’s Department since the latter is the one handling the investigation.

Apparently, there is a deep root to this incident and it seems that the police officer abused his authority. Aside from the wrongful death claim, he might also possibly face an administrative case. Hopefully, justice will be found and may the guilty be held responsible for his deeds.

5 Fastest Roads in the US: What Slowing Down Speeding Violators?

Los Angeles Lawyer — Tue, 16 Aug 2011 19:35:54 +0000

If you think citation tickets or fatal crashes can deter reckless motorists from racing through roads, think again.
It’s neither the penalty nor the fatality that can slow down over-speeding violators –-it’s the economy.
Unbelievable, but true. According to INRX, a company that provides traffic data used in GPS, high gas prices, poor economy and high unemployment rates have kept young drivers – those who tend to speed and engage in risky road behavior – off the road.

INRIX has also recorded the fastest car on the fastest road in the US which clocked in at 94 mph in Arizona’s Route 79 between Saguaro National Park and Phoenix. The company drew information from GPS data used by nearly 5 million drivers from January to June 15 this year.

The second road where motorists are more likely to hit the gas is the Oklahoma State Highway 33 with the fastest driver going at 87 mph. California State Route 73 is next where the top speed was recorded the 85 mph in both directions between Moulton Parkway and Bear Street. Eastbound MI-5 Michigan Highway has motorists going at top speed of 83 mph while the fifth fastest road is Arizona State Route 77 where INRIX has recorded the top speed of a motorist at 81 mph.

Despite this record, INRIX has noted this year’s records were a bit tame compared to last year. This year’s average speed across the fastest roads was 81 mph while last year it recorded an average speed of 85 mph.
This year’s fastest drivers are going a bit slower across the board: The average speed across the 10 fastest roads in America was 81 mph, compared to an average of 85 mph during the same period in 2010.
INRIX believes younger drivers – those between the ages of 16 and 25 – are saving money on fuel and leaving the road to older, thus slower, motorists. Another factor is good law enforcement which helped discouraged motorists from over-speeding.

Over-speeding is one of the main causes of injuries and death in major roads and highways across the country. This road behavior constitutes negligence which is a legal basis for liability in motor vehicle accidents.

If you are a victim of a vehicle accident caused by an over-speeding motorist, consult with our experienced Los Angeles vehicle accident attorneys. Call our toll free number at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

LA Art Walk Crash Leaves Infant on Life Support

Los Angeles Lawyer — Tue, 19 Jul 2011 05:07:46 +0000

Sometimes, no matter how parents try to protect their children from harm, accidents still happen because some people are not careful with their actions.

On July 15, Downtown Art Walk witnessed a car accident involving a two-month-old infant who was severely hurt because of it. The driver accidentally pressed the accelerator and ran over the curb hitting the baby, the mother, and several pedestrians, reports said

According to reports, the car accident has left the infant on life support.

As much as everyone would want to avoid being involved in a car accident, it can happen to anyone, anywhere. The best option to cope up with life-altering vehicle accidents is to file a personal injury suit to recover from the losses and get justice that is due to you.

Pursuant to personal injury law, individuals who inflicted injury or death on another person in a car accident should face penalties and provide compensation for losses.

Compensation can be classified as economic or non-economic damages:

Economic damages

• Medical expenses paid
• Wage loss
• Damage to properties

Non-economic damages

• Suffering from physical pain endured
• Loss of companionship
• Emotional and mental suffering

Car accidents can result in life-changing medical conditions like bone fracture, Traumatic Brain Injury (TBI), and even death. Acquiring financial compensation can be of help to get proper medical care.

For more information on car accident damages, you may consult with a lawyer in Los Angeles. Your attorney will help you file the lawsuit and assert compensation for your losses. Dial our toll free number at 1-866-772-2889 or email us at info@mesriani.com for a free case analysis.

Negligence as a Major Factor in Fatal Pasadena Truck Accident

Los Angeles Lawyer — Tue, 28 Jun 2011 06:36:00 +0000

The truck driver’s complete disregard of vehicle safety in La Canada’s tragic big rig accident in April 2009 can be seen as a major factor in this fatal accident that led to the death of a man and his daughter and caused injuries to twelve others.

In the truck driver’s murder trial held recently, the grieving mother and widow appeared before the court and blamed the driver for ignoring alleged “safety issues” that resulted in him losing control of the big rig and crashing onto unsuspecting motorists and other people.

The 58-year old truck driver is now facing seven counts of murder, including two counts of second-degree murder and two counts of murder. If convicted on all charges, he faces life in prison.

Generally, in accident cases, the basis for liability for any injuries or harm comes from a theory of negligence. Under this principle, when a person acts carelessly and causes injury to another, the careless person will be held legally responsible for the resulting harm. This basis is used in most accident or injury cases including a personal injury lawsuit.

To prove negligence, four basic elements must exist:

• That the offender owed a legal duty of care to the victim under the circumstances
• That the offender failed to fulfill this legal duty through his conduct or action
• That the offender caused an accident involving the victim
• That the victim was injured as a result

Failure to check vehicle for defective parts or mechanical problems may be considered as negligence since it is part of your legal duty to maintain the safety of your vehicle.

In cases where the accident leads to someone’s death, the family or survivors of the victim is entitled to receive economic as well as punitive damages from the offending party.

If you have been involved in a wrongful death accident case, you can consult with our skilled California personal injury attorneys. Call us at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

1-800-GET-THIN Sued by Husband of Woman Killed After the Procedure

Los Angeles Lawyer — Tue, 22 Feb 2011 23:53:31 +0000

Given the American populations problem with obesity and the struggle to lose weight, it’s no surprise why there are so many “lose weight, get thin” schemes in the market.

A popular ad, the TV commercial “1-800-GET-THIN” is currently being sued by a Simi Valley man who lost his wife after undergoing a Lap-Band surgery.

According to the complainant, John Faitro, his wife, 50-year old Laurie called the 800 number and arranged the weight loss surgery after seeing the TV commercial. She underwent the Lap-Band surgery at Valley Surgical Center in West Hills (which involved placing a ring on the upper part of the stomach) but unfortunately, died just 5 days after the procedure.

Allegedly, Laurie suffered a lot of discomfort after the surgery and when she was taken to Simi Valley Hospital, she was diagnosed with a severe blood infection. In her autopsy, 3 small lacerations were found on her liver and her abdominal cavity was filled with 3 liters of bloody fluid.

In her death certificate while cardiopulmonary arrest is listed as the primary cause of death, the laceration in her liver was mentioned as a significant condition contributing to her death.

For the wrongful death of Laurie, John has filed a suit against 1-800-GET-THIN LLC, Valley Surgical Center, and even Simi Valley Hospital as well as all the doctors who treated his wife. John and Laurie were married for more than 28 years and her death apparently, is not the only one connected to the Lap-Band procedure.

It was reported by Eyewitness News last January that another patient died after a Lap-Band surgery. The company is disputing the allegations and according to the attorney for 1-800-GET-THIN, the deaths were not because of the surgery but from other complications such as a heart attack triggered by obesity or complications from anesthesia.

For the family members or dependents left behind by person who was killed by the negligence of an individual or entity, they have the right to be awarded monetary damages and sue the liable party. However, the following elements must be present in order for a wrongful death lawsuit to prosper:

• The death was caused in whole or in part by the acts/omissions of the defendant
• Said defendant was negligent or is strictly liable for the death
• There is a surviving spouse, children, beneficiaries or dependents
• As a result of the victim’s death, his family or dependents suffered monetary losses

For more questions on how to file a wrongful death lawsuit, especially those which involve a dangerous or defective product or medical malpractice, you may visit http://www.mesrianilaw.com or call the Mesriani Law Group at their toll free number at 1-866-325-4529 or email them at info@mesriani.com for free case analysis.

Newport Beach Police Sued for Wrongful Death of Man with Bipolar Disorder

Los Angeles Lawyer — Tue, 01 Feb 2011 04:07:19 +0000

The city of Newport Beach is currently being sued by a woman after an erroneous arrest led to the suicide of her husband while in jail.

Four claims were filed by Sandy Wedgeworth and family members after 43-year old William Robert Wedgeworth, who has a bipolar disorder, hung himself with bedsheets in a Newport Beach Police Department jail cell last July 31. Earlier that day, William was arrested on suspicion of spousal abuse however, Sandy claimed that she wanted her husband to get psychiatric help but not be arrested. In her 9-1-1 call, she requested emergency medical aid for her husband, who was having a “manic episode”.

She reportedly told police that she wanted her husband to be hospitalized under California’s Welfare & Institutions Code 5150, which states that any person who is a danger to themselves or others should be put in 72-hour detention for observation. Back in Aug. 28, 2009, police allegedly responded to a similar incident and her husband was hospitalized.

However, in her claim, she accused the officers of “possibly assaulting her husband, joking about the incident while they arrested him, negligently depriving him of his rights to medical treatment and putting him in a dangerous place without proper care in that jail cell”.

Sandy Wedgeworth is seeking more than $34 million in damages against the city for emotional distress, loss of a husband and father, and loss of future earnings.

Under the law, a wrongful death lawsuit may be filed if a person is killed because of the negligence or any other fault or unjust action of an individual or entity. This suit entitles the family of the deceased to seek retribution and monetary compensation against someone who kills a family member either through tort or negligence.

While laws may vary from state to state, in most wrongful death cases, the following elements must be proved to win your claim:
• The death was caused, in whole or part, by the acts or omissions of the defendant
• The defendant was negligent or strictly liable for the victim’s death
• There is a surviving spouse, children, beneficiaries or dependents
• The family suffered monetary damages from the victim’s death

If you have more questions about Los Angeles wrongful death lawsuits, the Mesriani Law Group offers a free case evaluation. You may call us at our hotline number: 1-866-325-4529 or visit us at 12400 Wilshire Blvd. Suite 810 Los Angeles California, 90025.

Children of Deceased Couple Awarded $14.4 million in Wrongful Death Suit

Los Angeles Lawyer — Sat, 15 Jan 2011 02:37:14 +0000

In the case against Toyota for the wrongful death of CHP officer Mark Saylor and his family, a $10 million settlement was reached between the car company and the surviving family. However, a recent jury decision in San Diego eclipsed the settlement after it awarded $14.4 million to the surviving children of a couple killed in a 2006 car accident.

In the wrongful death lawsuit filed by Casey and Melanie Barber’s three young sons (who were 8,5, and 3 at the time of the accident), it claimed that Mossy Ford, a San Diego car dealership was negligent when it undertook repairs for Barber’s Ford E50 Sportsmobile van. It was argued that the damage to the tire could not have been fixed by an ordinary repair and that the dealership should have changed it instead of trying to repair it.

The faulty tire repair and tire tread separation caused Barber to lose control of the vehicle which led to a fatal rollover crash.

Prior to the multi-million dollar award for the wrongful death of the Barber spouses, the defendants who worked on the van settled with the family for $8.3 million.

Under the law, when a person dies because of the negligence or fault of another person or entity (like a company), the victim’s survivors may pursue a wrongful death lawsuit against the liable party. While monetary compensation can never replace the loss of a loved one, the award can serve as a replacement for the lost wages from the deceased and can also reimburse any expenses incurred by the family such as medical or funeral expenses.

The following are some of the benefits the plaintiffs in a wrongful death lawsuit can recover when suing for damages:

•   Economic damages such as medical and funeral expenses, loss of expected earnings, loss of benefits, loss of an inheritance, and loss of goods and services the deceased would have provided
•   Non-economic damages such as pain and suffering or mental anguish experienced by the survivors because of the death, loss of care and protection from the deceased, loss of love, society and companionship, and loss of consortium
•   Punitive damages

Los Angeles Nursing Home Fined $100,000 for Patient Death

Los Angeles Lawyer — Fri, 21 May 2010 22:22:05 +0000

We’ve all heard about “death panels” but it seems that death panel rumors barely hold a candle to the reality of elderly abuse in nursing homes.

Previously, it was reported that a nursing home in Auburn, Colonial Healthcare was ordered to pay $28 million worth of punitive damages for the death of one of its residents in Auburn because of an infected bedsore.

Frances Tanner, 79, although suffering from mild dementia, was healthy when she got admitted to Colonial. However, within 7 months after a fall accident that broke her hip, the long-time civil servant died from a bedsore. Her daughter, Elizabeth Pao, was also awarded $1.1 million for Tanner’s pain and suffering as well as for her loss of companionship.

This time, even after the huge amount of damages awarded against Colonial Healthcare, a Los Angeles nursing home has now been fined $100,000 for an 84-year old patient’s death.

According to a report by the California Department of Public Health, the patient, who was at the center because of a fractured hip and prostate cancer, died because Hancock Park Rehabilitation Center failed to follow the proper policies and procedure.

It improperly administered a nasal feeding tube and the feeding tube apparently started to leak food into the man’s lung which caused pneumonia which led to his death last May 2008.

State health regulators imposed the $100,000 fine, the highest and most severe penalty under state laws regulating nursing homes.

But as evidenced by the continued elderly abuse at nursing homes, mostly brought about by poor management and chronic understaffing, imposing fines and even millions of dollars worth of damages has failed to deter other nursing homes from making the same mistake and abuses on their clients.

If you have a loved one in a nursing home or considering it, it would really be prudent for you to check its background and ask around about its quality of care. But in the worst case scenario that your elderly mother or father or other family members were injured or who died because of the nursing home’s negligence or failure to follow proper nursing care procedures, a fine being imposed against the nursing home by the government is just one of the remedies.

Rightfully, you may file a personal injury lawsuit or a wrongful death claim against the negligent nursing home to recover compensation for any monetary expenses or loss you and your family suffered because of their acts and omissions.

Filing a wrongful death claim or a personal injury lawsuit isn’t also just for compensation – these facilities should be held accountable for the negligence and since they put profit over people, winning a case against them will force these nursing homes to improve their standard and quality of care to avoid further litigation.