wrongful death

Pornomo v. U.S. – Court Puts Brakes on Bus Accident Case

March 18, 2016 | Associates and Bruce L. Scheiner

Concerns about bus and motor coach safety have increased in recent years with a number of high-profile accidents, many resulting in multiple fatalities.

Motor coaches are widely used for a variety of trips, including school sporting events, family vacations and outings for seniors. But a number of serious crashes have prompted the National Transportation Safety Board (NTSB) to recommend the Federal Motor Carrier Administration (FMCSA) work with bus operators and the trucking industry to implement improved commercial vehicle safety measures that would include:

Flame-resistant interiors;
Data recorders;
A second door for emergency evacuations;
Pre-trip safety briefings for passengers;
Windows that can stay open during evacuation.

Report: Prescription Pain Medications Harming Injured Workers

February 16, 2016 | Associates and Bruce L. Scheiner

They are supposed to ease the pain and suffering of those recovering from an on-the-job injury. Increasingly, doctors are turning to opiod pain medications to help treat those who are hurt at work.

But even though a new National Safety Council report shows a quarter of all workers’ compensation prescription drug claim costs were for opiod pain medications, that same research reveals those who take these powerful medications don’t have better treatment outcomes. In fact, they are more susceptible to addiction, overdose and even death.

So where can workers and/or their families turn when these medications lead to serious adverse affects? The answer can be legally complex, depending on who prescribed the drugs and why. A number of recent court decisions have held that under some situations where injured workers have suffered overdoses as a result of pain medications they were receiving for work injuries, the workers’ compensation insurer may be liable to cover medical expenses. lost wages and if applicable, death benefits. Continue reading ›

$1.45 Million Settlement For Lacking Barriers in Fatal Crash; $9.5 Million Lawsuit Still Pending

December 20, 2015 | Associates and Bruce L. Scheiner

A commissioner for the City of Portland, Ore. has received an agreement to settle one of the pending wrongful death actions for the loss of her husband for $1.45 million. The settlement was reached with the Oregon Department Transportation following a head-on collision in September 2014 on a stretch of interstate with no cable median barriers. Another $750,000 was paid by the state to the family of the front seat passenger, who also died.

Another $9.5 million lawsuit against two other drivers is still pending.

Additionally, decedent’s widow pushed hard for legislative action that would specifically require the Department of Transportation to finish erecting median barriers on 100 miles of unprotected highway identified as prone to deadly cross-over crashes, such as the one that killed decedent. Senate Bill 921, known as the “Fritz-Fairchild Act,” was passed by both legislative bodies, signed by the governor and codified in Chapter 275 of the state’s 2015 laws. It becomes effective Jan. 1, 2016. The measure will specifically target a dangerous, unbarricaded stretch of interstate that has been neglected for years as political priorities shifted. This was despite the DOT being aware of the need for updates as far back as 1996.

These new changes will cost an additional $20 million. Continue reading ›

Metro. Prop. & Cas. Ins. Co. v. Estate of Benson – Homeowners’ Insurance and Intentional Acts of Harm

December 17, 2015 | Associates and Bruce L. Scheiner

Homeowners’ insurance is intended to provide compensation to those injured by members of the household. Usually, this coverage extends to incidents that occur in the home, on the property and sometimes out on the street (though incidents involving motor vehicles are generally excluded).

However, almost all homeowners’ insurance policies have some provision that excludes coverage for intentional acts. That is, if an insured acted with some specific intent to injure the victim, the resulting injury will not be covered under the policy. Many courts have held the intention of the insured is a question of fact for a jury, though sometimes there is substantial evidence and intent to harm (or lack thereof) is clear.

There may be some cases, however, where even intentional criminal acts could be covered. For example, if the perpetrator was acting in self-defense and used more force than was actually needed, coverage might be extended. Same for actions for which the accused lacks the mental capacity to act rationally. But it will all depend on the specific language in the policy. Continue reading ›

Yang v. Little Rock City – Death of Boy, Mother Spurs Lawsuits Alleging Poor Emergency Response

December 14, 2015 | Associates and Bruce L. Scheiner

A woman was traveling less than a mile from her home to her son’s daycare in Arkansas when her vehicle hit a patch of black ice near an intersection. She careened into a nearby pond, and immediately called 911. Frantic as she and her 5-year-old sunk deeper into the icy water, the woman waited for emergency response that would be too late for her.

It took 53 minutes from the time she placed the call until firefighters and police arrived. She was deceased when they pulled her out. Her son did survive initially, but was critically ill and suffered brain damage. He died two years later from injuries related to the crash.

His father filed two wrongful death lawsuits against the city for failed emergency response. The first case, Yang v. Little Rock City, et al., was filed in 2013 on behalf of his son. A second lawsuit with the same name, Yang v. Little Rock City of, et al., was filed this year on behalf of his wife. The lawsuits allege the long delay in the arrival of a water rescue team meant his wife and son suffered prolonged exposure to cold water, which ultimately led to their deaths. He asserts this delay was preventable, and could be attributed in large part to a single employee who was known to have serious performance issues, even before she was hired. Continue reading ›

Report: 1 in 10 Elderly Suffer Some Form of Abuse

December 1, 2015 | Associates and Bruce L. Scheiner

Recently in central Florida, two certified nursing assistants were fired and arrested on charges of battery on an elderly person after footage from a hidden camera appears to show them striking an elderly Alzheimer’s patient in their care.

The 76-year-old victim’s son said he and his wife noticed the bruising on his body, but assumed it was the result of frequent falls. His father wasn’t able to communicate the truth, according to ABC 10 News. The son then placed a “nanny cam” in his father’s room. They discovered staffers taunting him, handling him roughly and even striking him.

The worst part about all this is that it’s not all that uncommon. A new study published in the latest edition of The New England Journal of Medicine indicates 1 in 10 elderly people will suffer some form of abuse in their lives. That’s a largely conservative estimate, considering it involves self-reported abuse. Many people, like the victim in the aforementioned central Florida case, can’t speak up about what’s happening to them. Diseases like Alzheimer’s and dementia rob them of the ability to recognize and articulate these wrongs, to say nothing of the fear that keeps some suffering in silence. Continue reading ›

Adult Portable Bed Handle Recall Re-Announced, as Response Rate Less Than 1 Percent

October 12, 2015 | Associates and Bruce L. Scheiner

An adult portable bed handle is defective, and has proven fatal in at least three instances. Yet since the Consumer Product Safety Commission announced the recall in May 2014, there has been a response rate of under 1 percent.

Approximately 113,000 of these devices were sold from 1994 through 2007. The purpose of the handles is to attach to bedsides in order to help people roll over, sit up or stand. The problem with these devices is that when they are attached to the side of an adult’s bed without the use of safety retention straps, the handles can slide out of place, resulting in a dangerous gap between the side of the mattress and the handle of the bed. The result is a major risk of entrapment, strangulation or death.

Many product recalls unfortunately have a low response rate. However, given the severity of potential injuries and the possibility of death, the CPSC made the unusual move of re-announcing the recall.

Of the three women who died as a result of use of this product, one was disabled and two were elderly. All three of them were residing in group facilities (i.e., nursing homes and assisted living centers). Continue reading ›

Porter v. Weiss – $1.75M Damage Award for Failure to Treat Fatal Heart Attack

September 4, 2015 | Associates and Bruce L. Scheiner

A jury has awarded $1.75 million to the widower of a nurse who suffered a massive heart attack that was not properly diagnosed by doctors at the hospital where she worked.

She was being treated for abdominal pain, but in fact, she was suffering from a very serious heart attack.

Plaintiffs attorneys in Porter v. Weiss say the case highlights a very serious medical issue for women, whose heart attack symptoms often manifest differently from those of men. Whereas most men suffer the more well-known pains in the chest and left arm, women may suffer from what seems to be a severe gastrointestinal problem. Continue reading ›

Minden v. Atain Specialty Ins. Co. – Bar Fight Liability Lawsuit

June 27, 2015 | Associates and Bruce L. Scheiner

When criminal attacks occur, we expect there will be a criminal case against those responsible. However, in many cases, there may be a civil claim for liability not only against the attacker, but also against the property owner.

Under premises liability law, property owners and those who manage certain properties owe a duty to guests to maintain that property in reasonably safe condition.When dangers are known, knowable or foreseeable, these entities have a duty to protect people against them to a reasonable extent.

In a bar setting, that typically means having the means to manage security, particularly as it’s understood patrons will be consuming alcohol and may not be using reasonable judgment.