Archive for the ‘Catastrophic Wrongful Death’ Category

Boating Accident:FL East Coast Boating Incident ends in multiple deaths!

June 3, 2010

As my parents have now headed back to Florida from their Memorial Day Weekend visit up here to DC, a bit of nostalgia overtook me, and I decided to look at my old hometown paper online, Florida Today.  The first article to catch my eye was a tragic story about a boating trip during the holiday weekend, gone terribly wrong:

Cyril Holley, 46, and his daughter, Madison Holley, 19, were riding in a boat when they were struck and killed by another vessel, which was carrying other family and friends near Disappearing Island.

Two other people were taken to nearby hospitals.

Witnesses told Local 6 that one of the boats appeared to jump over and crash on top of the victims’ watercraft.

I will tell you from first-hand experience that the waterways and ocean along the east coast of Florida are packed with boats of varying sizes on any given Memorial Day Weekend.  Ponce Inlet (where this horrible incident occurred), an area on Florida’s east coast just south of Daytona Beach, is an area known for its significant boat population.  What makes this story even more tragic, is that Ms. Holley was due to give birth in two weeks, and the unborn child’s father was also on one of the two boats involved in the collision.

An eyewitness briefly describes what he saw as the tragedy unfolded before his eyes:

“The larger boat was just jumping off waves,” said Ryan Yadav, who watched the collision from a nearby beach. “I think it just took too much speed on and went right over. Cut the awning right off.”

Our thoughts are with the families who lost their loved ones.

Brian Nash’s comment: For those of you who have been on our wonderful waterways of D.C. and Maryland, I would imagine you have your own tales of accidents and numerous near-misses. A year ago, I saw a father flying around the Bay in a speed boat in the shipping lane with his kids screaming for joy as they hung on for dear life in a plastic raft being towed behind. Jet skiers, drunks at the helm – they’re all out there. Enjoy the water, but for goodness sake, use some common sense. If you are a boater, you know how fast it can all go so wrong.

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Child Safety Tips: As mercury goes up, so do safety risks for kids!

June 2, 2010

By picpoke.com

Yes, it is really getting hot out there this week!!!  Coming from Florida to DC last year, I thought “OK, so it will not get nearly as hot up here, or at least not as early in the summer.”  Yes, I was wrong.  This thought brought me to thinking about some of the fun things to do in the summer, but also the dangers for our little ones during this time if we are not extra careful.  Lo and behold, I found this article today, courtesy of the Dallas Morning News and reprinted by the Kansas City Star:

Emergency-room professionals have their own name for the long, lovely, lazy days that kids look forward to in summer: trauma season. Because that’s when hospitals see a spike in drownings and heat-related accidents.

The article discusses several myths and related facts associated with those myths.  Here are a few samples from the article:

MYTH: Pool parties are safe as long as adults are around.

FACT: Many drownings happen when adults are close by. The problem is too much commotion. The key is to have a designated adult watching the water because that is where the danger is. The pool should be free of excess toys that can block the view of the water.

MYTH: Floaties keep little ones safe in the water.

FACT: Floaties are designed for fun, not safety. They give a false sense of security, can deflate and can slip off.

MYTH: The kids will be fine in the pool for the short time it takes to answer the phone or get a cold drink.

FACT: In a minute, a child can go under water. In two or three minutes, the child can lose consciousness. In four or five, the child could suffer irreversible brain damage or die. According to the Centers for Disease Control and Prevention, drowning is the second-leading cause of unintentional, injury-related death for children 1 to 14 years old, second only to car and transportation-related accidents.

The article states several other myths and facts, which include the hazards of leaving children unattended in cars and car seats, as well as sun exposure and dehydration.  We encourage you to read the article in its entirety.  Let’s all have a safe summer out there, please!!

Baltimore: After police officer accidentally kills bystander, settlement reached but terms confidential

May 31, 2010

A Rosedale woman, and mother of two, was killed when a Baltimore County police officer accidentily side-swiped her 1997 Mercury Tracer.

Bonnie Pappas, age 45, was traveling across Pulaski Highway when a police officer, Ray Pabon, sped over a hill at an estimated 85.7mph. The investigations conducted by both the Baltimore County Police Department and Pappas’ family found that Officer Pabon did not have the emergency lights and/or sirens on at the time of the collision.

A nearby liquor store’s surveillance tape confirmed that at the time of the crash, the cruiser lights and sirens were off. Ronald Parker, counsel for the Pappas’ family stated:

…an officer who arrived moments after the crash ran to Pabon’s car and turned on the emergency lights.

“We contend that had the officer had his siren and lights on when he was driving, our client would have seen or heard them,” Parker said.

A deputy states attorney for Baltimore County , Sue Schenning, later claimed that prosecutors had decided not to file charges of vehicular manslaughter. Grounds for this decision were claimed to be that lack of evidence could prove Officer Pabon acted with gross negligence, which is defined at times in Maryland as the conscious disregard for the high risk of others.

The Baltimore Sun reported that the civil suit was filed by Mr. Parker on behalf of the Pappas’ family, which sought $1 million in damages for Ms. Pappas’ estate and $50 million  for her two children. Although the suit was settled, the award and terms remain confidential. Keep in mind that Maryland ‘caps’ non-economic damages, such as pain and suffering and the distress and mental anguish of  loved ones who lose their beloved through the negligence of others.

Coming this Week: On the issue of ‘confidential settlement agreements,’ keep a lookout this week – should the public know? are they in the client’ s best interest? We’ll lay it out there for you to discuss and decide.

Actor Dennis Quaid sues drug maker

May 27, 2010

Last month, we reported in a blog through our website, how actor Dennis Quaid is involved as a patient advocate, after his newborn twins nearly lost their lives back in 2007, from a medical error that could have very easily been prevented.  Put simply, the precious twins were given two doses of Heparin instead of Hep-lock (an anti-coagulant medication widely used for children).  Why is this significant?  Heparin is a drug one thousand times stronger than what the twins were supposed to have received.

Earlier this week, it was reported in the Contra Costa Times, that Mr. Quaid has filed a lawsuit on behalf of his children.  As far as the extent of his children’s injuries, the article states “The children suffered internal injuries and shock, but the extent of what happened to them will probably not be known for years, according to the suit.”  The lawsuit alleges that vials of the 10,000 unit Heparin should have been recalled previous to what happened to his children, because other infants had already died from similar medication errors.  The suit also claims that the company responsible for making the drug, Baxter Healthcare, “was obligated to warn healthcare providers of the previous medication mistakes.”

We wish the best for the Quaid family, and hope that the discovery in this case shines a light on not only finding out exactly what happened in this case, but also makes information available that may be able to save the lives of other children from future similar medical errors.  We will continue to monitor the course of this case.

Child Health: Labels Urged for Food That Can Choke

May 27, 2010

Earlier this year, we posted a blog on our website in regard to the American Academy of Pediatrics (AAP) policy statement in regard to the prevention of choking among children.  Earlier this week, the New York Times featured an in-depth story on an issue that is very much a part of this policy statement:  food choking hazards among small children.  The article discusses the advocacy efforts to place warning labels on foods, which pose a choking hazard to small children, as well as the proposition that small children should not be allowed to eat certain foods at all.  The article starts with an all too familiar setting that ended in tragedy:

On a July afternoon in 2006, Patrick Hale microwaved a bag of popcorn for his two young children and sat down with them to watch television. When he got up to change the channel, he heard a strange noise behind him, and turned to see his 23-month-old daughter, Allison, turning purple and unable to breathe.

As a Marine, he was certified in CPR, but he could not dislodge the popcorn with blows to her back and finger swipes down her throat. He called 911, but it was too late: by the time Allison arrived at the hospital, her heart had stopped beating. An autopsy found that she had inhaled pieces of popcorn into her vocal cords, her bronchial tubes and a lung.

Does this story make you think twice before giving your little ones popcorn?  On a personal note, I called my wife immediately after reading this story, and we discussed the fact that we should no longer allow our son, who is now two and a half, to have any popcorn. Ironically, she was on her way to take him to a movie that was going to be serving….you guessed it, popcorn.

Now, some of you may say “Well, little kids can choke on anything.”  Well, that is true.  However, there are some foods that pose an increased risk of choking.  Consider the dynamics of how a small child eats, as well as the size of their airway:

Children under 4 are at the highest risk, not only because their airways are small (the back of a toddler’s throat narrows to the diameter of a straw) but also because of the way their eating abilities develop. Front teeth usually come in at 6 or 7 months — so babies can bite off a piece of food — but the first molars, which grind food down, do not arrive until about 15 months, and second molars around 26 months.

“Between the ages of 3 and 4, they’re developing their ability to chew adequately and prepare for swallowing,” said Dr. Nisha Kapadia, a pediatric resident at Johns Hopkins Children’s Center.

When young children chew foods like peanuts, raw carrots and popcorn, some is ground down and some is not, and they tend to swallow unchewed bits of food that can block the airway or be inhaled into the bronchial tubes and lungs.

This concern and the tragic deaths associated with this concern have prompted several organizations to propose various options to attempt to prevent these injuries and deaths.  One such organization is the Center for Science in the Public Interest:

Some advocates say the government should put hazardous foods off limits to young children.

“The F.D.A. needs to set a uniform standard for cautionary information on food that should not be consumed by children under 5,” said Bruce Silverglade, legal director of the Center for Science in the Public Interest, an advocacy group that lobbied unsuccessfully in 2003 for a bill to require the Food and Drug Administration to develop food labeling regulations.

Where this debate will end up, we don’t know.  However, to think that in 2001 there were 17,500 children 14 years old and younger treated in emergency rooms for choking, with 60% of those events caused by food, there must be a way to create a safer environment for our children when they are eating.  Any suggestions?

Allergic to Dairy? Read Before Eating Those Sunflower Seeds!

May 19, 2010

Ryt-Way Industries, LLC, a food packaging company, is immediately recalling some of the sunflower seed products that they have packaged, as they contain undeclared dairy ingredients.  The recall, which includes products that have been distributed nationwide, is a voluntary recall, and is being done in conjunction with the FDA:

Ryt-way Industries LLC of Lakeville, MN is voluntarily recalling select BIGS ® Original Salted & Roasted Sunflower Seeds because they may contain dairy ingredients that were not declared on the packaging.  The product is packaged in 5.35oz plastic bags with BEST BY Dates of 30MAY2011 and 31MAY2011 with an individual bag UPC code 896887002196.  People who have an allergy or severe sensitivity to dairy run the risk of serious or life-threatening allergic reaction if they consume these products.

It was discovered that the sunflower seed packages at issue, as manufactured by BiGS, do not disclose the presence of dairy within them.  Ryt-Way goes on in their announcement to instruct consumers that are allergic to dairy how to handle this situation, should they be in possession of these recalled items:

Consumers who are allergic to dairy and who have purchased the recalled products are advised not to consume the product and are urged to return it to the place of purchase for a full refund.  Consumers with questions may contact 1-877-722-7556

So, if you are allergic to dairy and/or have a sensitivity to dairy products, and love those sunflower seeds, please check your home for these recalled products.  As the weather gets warmer and we try to snack on “healthier” items to get that “younger figure back for summer”, don’t let this recall pass you by!

Fatal Plastic Surgery Case Results in $3.1 Million Settlement, but Jury Returns Verdict in Favor of Non-Settling Anesthesiologist

May 12, 2010

In March of 2005, Kathleen Cregan left her home in Limerick, Ireland to embark on a journey to the United States. She was heading to New York where she underwent a face lift by Dr. Michael Sachs. Wanting this surgery to be a surprise for her husband, she had told him that she was leaving home for a few days to attend a business course in Dublin.

Just hours after the completion of the face lift procedure, Ms. Cregan collapsed in the clinic bathroom from a blood clot that had formed overnight, which had passed from her pharynx into her trachea. Ms. Cregan quickly developed breathing problems and went into cardiac arrest, which resulted in brain damage.  Ironically, as the New York Times reported, Ms. Cregan later died on Saint Patrick’s Day.

Her family sued Dr. Sachs, as well as an anesthesiologist, Dr. Subbaro,  and a nurse, Susan L. Alonzo-Francisco, who were part of the medical team, for malpractice in State Supreme Court in Manhattan.

Dr. Sachs’s settled his portion of the lawsuit for $2.1 million last month. The case involving the nurse, Susan L. Alonzo-Francisco, was settled for $1 million on Friday. Dr. Subbaro proceeded to trial remaining steadfast that he was not negligent in his care of this patient. Even though the nurse had settled, the issue of her liability was submitted to the jury for determination.

The plaintiffs alleged that Dr. Subbaro had left the clinic and turned-over Ms. Cregan’s post-procedure care to Nurse Alonzo-Francisco, who, plaintiffs alleged, did not know how to utilize an endotracheal tube to alleviate breathing difficulties. It was also claimed that Ms. Alonzo-Francisco failed to dial 911 in a timely fashion.

The verdict: “late Friday afternoon, a six-member jury cleared [Dr. Subbaro] of responsibility in Ms. Cregan’s death. Jurors, who began deliberating on Friday morning, did not know of Ms. Alonzo-Francisco’s settlement, so they delivered verdicts exonerating her of responsibility as well. The settlement, however, will stand.”

So how did this lady, who lived on a farm in Ireland, come to be a patient of Dr. Sachs in New York?

Ms. Cregan found out about Dr. Sachs after reading an article about him in The Sunday Independent of Ireland, her family said. The article described him as “a leading cosmetic and facial reconstruction surgeon” in the United States, with a “highly confidential client list.”

But here’s what she didn’t know when she consented to his operating on her:

The article did not mention that Dr. Sachs had settled more than 30 malpractice lawsuits. But he was known as a master of generating publicity, even appearing on “The Oprah Winfrey Show” twice in the early 1990s. Dr. Sachs surrendered his license to practice medicine in 2008.

We have addressed this very issue of ‘Top Doctor’ does not necessarily mean best doctor. You simply need to do some homework on whom you are choosing to care for you or operate on you. Be an advocate for yourself – ask questions, don’t be embarrassed to do so. If  you have the time, do some research on the person you are entrusting with your health and perhaps even your life.


Infant Safety – drop-down crib hazard; CPSC issues recall

May 11, 2010

In February of this year, we reported on the Consumer Product Safety Commission’s (CPSC) commitment to crack-down on the defective crib issues that have resulted in multiple deaths of infants on our blog site.  A report just released by the CPSC, which involves a comprehensive review of crib-related fatalities since January 2000 revealed the tragic statistics:  32 deaths since January 2000 and hundreds of related instances related to drop-side detachments in cribs:

In addition to the 32 deaths the CPSC staff associated with the drop-side detachments, CPSC has received an additional 14 reports of infant fatalities due to entrapment in cribs that could be related to a drop side. The information obtained was insufficient for staff to conclusively determine whether or not the drop side was involved. Of the 32 deaths that were analyzed, some occurred in cribs where the drop side detached without caregivers noticing the detachment, while some other deaths occurred after a consumer tried to repair the detached drop side, but the repair ultimately failed.

As a result, the CSPC is issuing a voluntary recall of ALL drop-side cribs, effective June 1, 2010. There will be new improved mandatory standards for cribs as well.  The CPSC announcement also provides cautions regarding older cribs and reminds parents to not use cribs with broken, missing of loose parts.

Let’s hope these new standards save infants from injuries and death!

Another Child Dies. Will DC EMS Improve Now?

May 8, 2010

We reported back in mid-March on our blog site on the issues surrounding an investigation of the District of Columbia’s Emergency Medical Services. Since then, DC EMS has represented that they have made positive changes to their department.  In a headline article posted on MSNBC.com at the end of this past week, D.C. Fire and Emergency Medical Services Chief, Dennis L. Rubin, represented positive changes are being made:

Rubin said he is working to drive home a key point: providers never decline transport.

His staff is developing a “patient’s bill of rights” to be posted in every ambulance and producing a new  training video underscoring that message. In addition, the policy has been expanded to cover instances in which a patient refuses to be transported, including the requirement that responders get an OK from a supervisor and have a witness, such as a police officer, confirm the patient’s decision.

We certainly hope this is the case.  Our prior post cited a troubling report from April 2009, wherein it was found that there were serious training and performance issues relating to DC EMS.  The article posted at the end of  this past week also details another tragic event that unfolded after the report in April 2009:

Stephanie Stephens died after paramedics refused to take her to the hospital Feb. 10 in the first of two visits to her home after she experienced breathing problems. Her death has prompted a rare criminal investigation and raised questions about ambulance policies in Washington and emergency care for children nationwide.

After the paramedics recommended she be taken into a bathroom to inhale steam from a running shower, Stephanie’s family called back hours later and an EMS crew took her to a hospital. The child died from pneumonia the next day.

Anyone have issue with this?  How many tragedies must we endure before there is ZERO TOLERANCE for such costly delays?!  The citizens and guests of DC are dependent upon DC EMS to provide assistance immediately; not to give bad medical advice, try to play doctor, or decide that they will just simply not transport someone.  Read the report from last year cited above, along with the relevant articles.  Then, you decide.  I wonder what Stephanie’s family thinks…

Facts You May Not Know, but Should!- Hidden Dangers of Trampolines

April 30, 2010

Well, it looks like it will be 80 plus degrees and sunny outside for the first weekend of May here in the Nation’s Capital.  This means lots of outdoor activities; pool parties, lawn games, playing in the park…some will even have trampolines on their property, with the neighborhood kids coming over to use them.  CBS News reports on some of the hidden dangers of trampolines, as posted in an article today:        

Last year alone, an estimated 98,000 people were treated in emergency rooms for trampoline related injuries. 82 percent of them were children under the age of 15.

Trampoline safety expert Marc Rabinoff, of Metropolitan State College of Denver, Colo., calls trampolines “quad machines” because they can turn you into a quadriplegic in four seconds.”

Warnings on trampolines say no flips, no jumpers younger than 6 and only one jumper at a time, but those warnings are often ignored. Koeppen pointed out videos from YouTube that show children jumping and falling from trampolines.

Rabinoff says people don’t realize trampolines are a danger in their backyard. Rabinoff demonstrated to Koeppen how jumping with more than one person can throw you off.

The article goes on to state that ‘safety nets’ placed around the trampoline can reduce accidents by up to 50%.  However, they are not required by law.  In addition, and take note – insurance companies may not necessarily cover trampoline accidents on their policies.  Coming from Florida last year, where I practiced plaintiff personal injury law, I can tell you that I was contacted on more than one occasion by families who had a loved one injured as a result of a trampoline accident.  Each time I would check the homeowner’s policy of the responsible homeowner, (if they even had homeowner’s insurance; some didn’t) there was the EXCLUSION for such accidents!  No coverage!

The article also suggests that trampoline owners should erect fences around their property, to prevent others from wandering on the property and injuring themselves on or around the trampoline.  I, for one, will not be allowing my first-born son on any trampoline anytime soon.  In this line of work, you really do get to see the worst of what can happen, when a chain of events causes something to go terribly wrong.  Why ask for trouble?