Posts Tagged ‘wrongful death’

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.

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.

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?

Dental Malpractice: Wisdom Teeth Removal Leads to Death and Verdict in Excess of $10million – NJ

April 24, 2010

Francis Keller, 21, presented to Dr. John S. Madras complaining of pain in his gums. Mr. Keller was told he needed a routine cleaning and that his wisdom teeth would need to be removed.

Mr. Keller returned a few days later for his cleaning, but, having informed Dr. Madras of his angioedema condition (a genetic immunity disorder with severe risk for swelling from incurring trauma to the hands or face), the cleaning was deferred. The dental hygienist contacted Dr. Richard Goldstein and was informed that Mr. Keller could not undergo any dental procedure until medically cleared.

Dr. Madras referred Mr. Keller to Dr. George Flugrad for wisdom teeth removal, and the procedure was performed on August 4, 2005. The following day, Mr. Keller awoke with difficulty breathing. Within the next fifteen minutes, his throat swelled causing suffocation.

Doctors Madras, Goldstein and Flugrad were all named as defendants in the case. During the trial, there was apparently great debate over whether Dr. Flugrad had been informed of Mr. Keller’s condition, and whether the patient had actually been cleared for surgery. The following is from the report of the case provided by Verdict Search.

Counsel for Flugrad and Madaras both argued that Keller was comparatively negligent, as he had been well advised of the risks of surgery. Counsel for Flugrad also contended that Keller claimed he had been cleared for surgery.

Counsel for Flugrad also claimed that Madaras telephoned him during the evening of Aug. 4 and they discussed Keller, but Madaras never mentioned that Keller’s physician had not given him medical clearance for dental surgery. Counsel also argued that Keller claimed he had been cleared for surgery.

Madaras admitted to speaking to Flugrad on the telephone on Aug. 4, but claimed there was no discussion about Keller, rather that the call was simply to wish Flugrad well on a two-week vacation he was commencing on Aug. 5.

The jury appears to have resolved the conflict in the patient’s favor – Dr. Goldstein settled with the family for a sum of $250,000; a New Jersey jury awarded Mr. Keller’s family a verdict of $10,200,00.00.

FHA Announces New “Toward Zero Deaths” Initiative

April 13, 2010

The Federal Highway Administration has launched a new initiative called ‘Toward Zero Deaths,’ a national strategy on highway safety, aimed at ELIMINATING, not reducing, all highway deaths.  The strategy is explained in a new article just posted by USA TODAY:    

The approach is called Toward Zero Deaths, based on a philosophy that even one road death is morally and ethically unacceptable. The goal: to alter behaviors that cause fatalities, such as speeding, drunken or distracted driving, and lack of seat belts. Speeding is a factor in more than 31% of road deaths, drunken driving in 32%, and distracted driving in about 16%. And 55% of those killed in passenger vehicles are not wearing seat belts, according to the National Highway Traffic Safety Administration.

More details regarding the purpose of the initiative are found within the announcement on the Federal Highway Administration’s website:

Toward Zero Deaths: A National Strategy on Highway Safety will be a data-driven effort focusing on identifying and creating opportunities for changing American culture as it relates to highway safety. The effort will also focus on developing strong leadership and champions in the organizations that can directly impact highway safety through engineering, enforcement, education, emergency medical service (EMS), policy, public health, communications, and other efforts. The national strategy will be utilized as a guide and framework by safety stakeholder organizations to enhance current national, state and local safety planning and implementation efforts. The intent is to develop a mechanism for bringing together a wider range of highway safety stakeholders to work toward institutional and cultural changes.

One of the most significant needs is to change Americans’ attitudes toward highway safety. There are already programs and technologies that can result in substantial reductions in fatalities; however, those benefits will not be realized as long as the public and elected officials are not willing to pass laws or take the actions needed to implement them.

Sound like a grassroots effort?  In part, it is.  A lot also has to do with technology, and several states have already implemented state versions of the national campaign.  As an example, Utah has already implemented the initiative, and has seen clear, convincing results in just four years.  Robert Hull, the director of traffic and safety at the Utah Department of Transportation, explains:

Since launching a zero traffic deaths program in 2006, the state’s traffic deaths have fallen almost 15%, from 287 to 245 last year, Hull says. The state already had cut road deaths by 24% from 2000 to 2005, partly by implementing engineering changes such as rumble strips and median separations, he says. He acknowledges that the economic downturn likely accounted for some of the recent decline as people drove less.

The next steps, in regard to the national effort led by the Federal Department of Transportation, are “to identify and understand challenges and opportunities in reducing highway fatalities.”  In addition, “the impact must include projections of lives saved as well as the health care costs of highway injuries and deaths, best practices, effective means of creating a cultural change, and other issues,” as stated by the Department.

To date, there are members of over 30 organizations interested in participating in the Stakeholder Group.  With over 35,000 deaths ocurring on the Nation’s highways every year, assistance from more highway safety stakeholder organizations may certainly be put to good use within the initiative.

Is this possible?  Can it be done?   Think about how difficult that would be, all of the challenges involved.  Having said It is a noble but impossible cause .  We will continue to monitor this initiative and will report on its progress.

Bicyclist Dies in Collision With DC Guard Truck

April 13, 2010

In recent weeks, we have discussed bicycle and pedestrian safety within blogs on our firm website.  Unfortunately, the tragedies continue to mount, and the most recent DC bicycle fatality is related to the traffic issues surrounding the DC Nuclear Security Summit, that is now taking place here in the District.  As NBC News has just reported:

A woman was killed Monday night when her bicycle collided with a five-ton truck doing security work for a motorcade for the Nuclear Security Summit in Northwest Washington.  

The accident happened around 6 p.m. at the intersection of 12th Street and New York Avenue, NW.

The vehicle that collided with the woman was a five-ton truck with the D.C. National Guard.

“It was moving forward to block as a procession was coming through,” said Major Gen. Errol Schwartz of the D.C. Guard.

At this time, it is still unclear who is at fault.  Regardless, we again urge all motorists , pedestrians, and cyclists to obey all applicable traffic laws.  Currently, the road situation in DC is, for lack of a better word, a mess.  A significant section of NW is currently completely inaccessible, and it is taking a very, very long time to get around anywhere in downtown DC.

The NBC article also details the current road closures, which continue all day today.  Click here for a complete list, and to view real-time traffic maps.

Now, I can tell you first-hand from living in the District, that traffic has been just miserable to deal with over the past several days!!  Having a tremendously increased security presence at this time is needed, I know.  However, I can ALSO tell you first-hand that this past Saturday, my wife and I were almost plowed into by an unmarked police escort in Georgetown, as we attempted to leave the area.  This was only one four car motorcade.  Imagine what forty plus motorcades for the various heads of state are doing right now as we speak…BE CAREFUL OUT THERE!