Personal Injury News: Pick Of Last Month: Apr-2023
Local Orthodontist Sued Over Brain Injury
A local orthodontist's practice is being sued by a father from Ector County on the grounds that an orthodontic wire that moved from his kid's mouth into his brain last year caused his son to suffer brain damage.
The guy is suing Reznik Orthodontics and a dentist for more than $1 million in damages, according to the case submitted to the Ector County District Court.
A message left at the dentist's office asking for a statement was not answered. The plaintiff's counsel claims that on May 24, 2022, the man's son visited Reznik Orthodontics, and a dental technician worked on the child's braces.
The youngster complained to the surgeon that his cheek felt poked, but the doctor assured the boy's parents that everything was alright, according to the complaint.
Later, the boy experienced headaches, nausea, and a swollen cheek. The complaint claims that on July 22, 2022, when the youngster awakened in the morning vomiting and speaking gibberish in Spanish, the employees at an urgent care facility transferred him to Medical Centre Hospital.
According to the complaint, CT scans showed a lengthy piece of wire was spreading from the boy's mouth canal into the middle cerebral fossa, which houses the pituitary gland and temporal lopes.
According to the complaint, the kid was diagnosed with a penetrating head injury, intraparenchymal hemorrhage of the brain, and seizure following a head injury.
According to the complaint, he was intubated and taken to University Medical Centre in Lubbock where he underwent surgery to have the wire removed.
The complaint claims that as a result of the facility's carelessness, the youngster now runs the risk of developing temporal lobe epilepsy for the rest of his life and continues to have seizures, behavioral problems, and pharmaceutical side effects.
Family Of A Patient Gets $8.5M In Medical Malpractice
A Glastonbury-based private surgical practice performed a regular knee replacement operation on a patient who later passed away, and a jury has now awarded his wife and estate $8.5 million.
An architect from Wethersfield passed just weeks after surgery due to a blood clot that Orthopaedic Sports Specialists were found to have missed, according to a jury's verdict in Hartford Superior Court.
The trial went on for two weeks. According to a representative of the legal firm that represented the plaintiff's family and estate, the jury awarded $5.5 million to the plaintiff's estate and $3 million to his wife.
In accordance with court records, an orthopedic sports specialist surgeon replaced the plaintiff's knee in August 2015. Soon after that, he experienced a blood clot, or deep vein thrombosis, in his leg.
The jury determined that the plaintiff regularly told Orthopaedic Sports Specialists about his rising calf discomfort and edoema in the two weeks after the procedure, which are indicators of a blood clot.
The jury found that Orthopaedic Sports Specialists disregarded the worries and neglected to request the plaintiff's leg be subjected to an ultrasound, which would have shown the clot and triggered life-saving treatment. When the blood clot in the plaintiff's leg was embolized and moved to his lungs two days after his second follow-up appointment, he passed away.
The complainant, an architect and father of two kids, is credited for creating some of Connecticut's most notable academic buildings. When his sons were young, he also served as the president of the Central Connecticut Youth Hockey Association and participated in charity golf tournaments, according to the law firm.
Orthopaedic Sports Specialists' legal representative stated that the defendants were quite upset with the verdict.
NC Man Paralyzed In Accident Gets $5M
In 2018, a construction worker in Asheville, North Carolina, who was employed at a hotel building site, went into a four-story air conditioning shaft, paralyzing him and needing ongoing care.
The 34-year-old resolved his civil lawsuit for $5.2 million four years later. A deal for workers' compensation is still pending. A permanent complete disability may end up delivering an additional $5 million with lifetime payments, which is a sizeable sum for a work-related accident.
Since a portion of the case is ongoing and defense counsel has not been consulted, the plaintiff's attorney declined to disclose the claimant's name or the names of the employers and insurers involved. The Superior Court in Buncombe County did not have the case number or any other information, either.
The tort suit was permitted to go on even though it was a job injury. The employee was employed by a subcontractor for a different project, who then gave him the task of supporting another subcontractor on the hotel project. He said that because he was not a real employee of any employer at the scene of the accident; the lawyer was able to bring a third-party lawsuit against the general contractor and the subcontractors.
But it wasn't a simple matter. Defense attorneys said that the laborer should have realized that the sizable piece of wood was covering an air shaft and wasn't just scrap lumber since North Carolina law permits contributory negligence.
A $1.2 million subrogation lien for payment from the settlement of the tort lawsuit was also filed by the comp insurer. The lawyer said he was able to reduce that to $110,000. He pointed out that if employer's fault may be proven, state law may prevent subrogation.
The occurrence took place in December 2018. The worker was given the task of clearing away waste wood and other objects from the hotel's construction-site roof. The air shaft was covered with a sizable piece of OSB, which is a material related to plywood. The man lifted it, believing it to be scrap, then stood it up and entered the open, 40-foot-tall shaft.
The worker sustained a slight brain damage in addition to a spinal cord injury that rendered him paraplegic with bladder and bowel issues. The lawyer said that by demonstrating that the OSB was aged, had not been marked with warnings as required by safety requirements, and had not been blocked, he was able to establish these points. Even though the board had formerly been affixed to the ground, it may have been prised off by an unidentified individual. According to the worker's solicitors, improper training had taken place.
The amount of the case's workers' compensation pay replacement might be as little as a few hundred dollars each week. According to the Workers' Compensation Research Institute, the compensation legislation in North Carolina permits benefits for up to two-thirds of the worker's typical weekly pay prior to the accident, or around $1,200.
However, the state also permits lifetime benefits, such as health care. The lifetime benefits for a young guy over the following several decades might reach $5 million.
Parents Of Girl Killed In Christmas Parade Sue A Driver
The 11-year-old dancer's parents have filed a civil complaint against the float driver who struck her and other parties involved in the fatal event from November's Raleigh Christmas Parade.
The girl's parents claimed in their 56-page complaint that if simple, reasonable, and widely accepted safety procedures had been adopted and followed, their daughter's death may have been avoided.
The statement continued, "This action is brought to ensure that those accountable for the girl's death are held accountable and to ensure that no other child or person is hurt or killed by the negligence of those charged with and in charge of ensuring the safety of the kids and attendees at this Raleigh tradition."
According to the early findings of the Raleigh Police Department's investigation, the driver of a car in the procession lost control around 10:14 am on November 19 near the junction of Hillsborough Street and Boylan Avenue. The car then continued at a slow pace and ran over an 11-year-old girl. After first responders sprang into action to assist her on the scene, she was taken away in an ambulance. Later, she succumbed to her wounds.
The driver had received more than 20 traffic citations since 2021, including five for failing to get his vehicles inspected, according to the girl's parents, who highlight this in the lawsuit. Additionally, he is alleged to have driven in the parade while carrying 16 or more passengers without a commercial driver's licence.
The complaint asserts that the driver got fewer than five hours of sleep the night before the parade and had arrived in Raleigh somewhere after one in the morning. He had been seen in the procession with an illegal weapon, according to the lawsuit. It claimed that the driver failed to engage an ASE-certified mechanic to drain the power steering fluid out of the truck's braking system and instead accidentally placed the power steering fluid in the brake fluid reservoir.
The defense lawyer mentioned that he attempted to clean the fluid personally and claimed they think there were still pollutants in the brake system on the day of the Christmas parade. In addition, the lawsuit claims that the vehicle was lifted by around seven inches, which caused the emergency brake line to be severed.
The defense lawyer mentioned that he attempted to clean the fluid personally and claimed they think there were still pollutants in the brake system on the day of the Christmas parade. In addition, the lawsuit claims that the vehicle was lifted by around seven inches, which caused the emergency brake line to be severed.
According to the lawsuit, the emergency brake line was visibly unattached and dangling beneath the truck's driver's side door. When the defendant was questioned following the procession, he acknowledged that he was aware that the emergency brake was not working before and throughout the march. It was unlawful for the defendant to drive the truck through the parade without a brake device capable of slowing or stopping the relevant vehicle or vehicles.
The plaintiffs' lawyers are asking for at least $25,000 for each claim. They have submitted a total of 10.
Father Of Dead Q.C. Deputy Files DUI Suit Against A Woman
A wrongful death lawsuit has been broug
ht by the father of an only child who works for the Charlotte County Sheriff's Office against the lady who is said to have killed the officer in a drunk driving accident.
Following the Nov. 22 collision, the lady was found to be competent to stand trial for drunk driving homicide and other offences by Collier Circuit Judge after her attorney had asked for a competence assessment.
The lady struck the deputy who was conducting a traffic check for the Charlotte County Sheriff's Office at 8:45 p.m. on November 22, 2022, near mile marker 163 in Punta Gorda, according to an arrest report from the Florida Highway Patrol.
Charges against the lady include one crime of vehicular murder, three counts of property or person damage, one count of manslaughter, and one count of refusing to submit to a blood alcohol test.
The constable was standing next to the motorist, a 29-year-old guy, and had emergency equipment engaged. On Interstate 75's northbound shoulder, they were positioned. According to the affidavit, the constable passed away at ShorePoint Hospital in Punta Gorda.
The woman reportedly lost control of her vehicle and drifted from the left lane. She accelerated onto the northbound paved shoulder, cutting over the centre and right lanes. She rear-ended the deputy’s unoccupied cruiser, which caused a secondary collision with the pulled-over driver, the deputy and the car, according to the affidavit. According to the affidavit, she rear-ended the officer's empty cruiser, which led to a secondary incident involving the motorist who had been pulled over, the deputy, and the vehicle.
The driver that was stopped was seriously hurt. He was travelling with another passenger, who was unharmed. The jurors kept their identities and medical problems a secret. The woman had no wounds. Given that she had recently completed her probation for her August arrest, this was her second DUI arrest.
The woman can't understand the charges or allegations against her, the scope and nature of the potential penalties that may be imposed, the adversarial nature of the legal process, disclose to counsel facts relevant to the proceedings, behave in court, or testify "relevantly," the judge claimed in a motion filed on February 7.
According to court documents, the motion was accepted on February 9. Nearly two weeks after the father of the constable filed a civil case against the lady for wrongful death, she has been given the green light to face trial. According to the complaint, the plaintiff requests a jury trial and more than $50,000 in damages.
Killed Inmate In Nevada To Get $1.6 Million Settlement
The family of a shackled prisoner who was fatally shot in 2014 by a trainee prison guard has settled a legal dispute with Nevada prison officials for $1.6 million, bringing to an end a nearly ten-year legal struggle that highlighted concerns about the use of shotguns in state prisons.
Less than two years after the prisoner's death at High Desert State Prison in November 2014, the Nevada Department of Corrections declared that shotguns had been removed from all of its facilities.
After many hours of talks, a U.S. District Judge acknowledged the settlement's parameters as a just conclusion; nevertheless, the agreement is still subject to final approval by the state's Board of Examiners. As early as June or July, the board might hear the settlement.
For the state prison system, the agreement represents one of the most costly wrongful death settlements in recent memory. The Department's spokesperson chose not to respond. An email request for comment was not answered by the agency's legal counsel.
The inmate's death was described as an execution by the family's legal representatives. Prison officials allegedly created a "gladiator-like scenario" by allowing two chained convicts to fight in a shower hallway, where inmates are meant to be kept apart, according to their civil rights and wrongful death complaint filed in 2015.
According to the lawsuit, the altercation came to an end when the prison guard trainee fired one warning shot and three real shotgun shots down the hallway, killing the inmate. The second prisoner suffered injuries but lived. The prisoner was dying from the consequences of a battery that occurred in Las Vegas in 2012.
The inmate was shot by a guard at the jail outside of Las Vegas, but state prison officials did not reveal this when they reported the inmate's death the next day. When the Clark County coroner declared his death a murder due to gunshot wounds to the head, neck, and chest months later, those specifics came to light.
After prison officials discovered that two other guards had lied and disregarded their responsibilities during the incident, they both resigned.
Dead Baseball Star's Family To Get $96 Million
An attorney said that a jury gave about $100 
million to the family of a New Jersey father and his son who died in a collision in the Detroit region in 2018 while going to a funeral.
The man's son was a terrific pitcher in high school in Matawan, New Jersey, and after attending two previous institutions, he was going to Florida State University, a baseball powerhouse. Major League Baseball organizations have been interested in him because of his abilities.
In a construction zone on Interstate 75, a semi-tractor trailer crashed. The truck driver's negligence was shown by the evidence. The driver had Parkinson's disease and other health issues, according to the family's attorney, which should have prevented him from driving.
After accepting responsibility, Challenger Motor Freight let a Wayne County jury determine the amount of the settlement, which was $96 million on Wednesday.
The family's existence revolved around baseball, according to the attorney. The family was eager to keep following and appreciating their son's baseball career. The Ontario, Canada-based Challenger Motor Freight company expressed its sympathies and acknowledged the seriousness of the sad tragedy in a statement. But there will be an appeal.
The baseball player that passed away attended Old Bridge High School. His baseball coach there claimed his No. 49 jersey will never be worn again after the terrible collision. The dead was remembered as a nice young guy with a great future who was tragically robbed of it by Florida State coach, who retired in 2019.
WA State Reinstates $98.5M Verdict In Wrongful Death Suit
According to court records, a Washington 
state appeals court has restored the $98.5 million verdict given to the parents of a girl who was killed in 2020.
Following the murder-suicide in which their son-in-law and two grandchildren were involved in February 2012, the parents filed a lawsuit against the Washington State Department of Social and Health Services (DSHS) in 2013.
When their father assaulted the boys with a hatchet while the grandkids were at a supervised visit, the social worker was barred out. After setting the home on fire, their father, who was a suspect in the boys' mother's abduction, committed suicide.
The father had previously been granted supervised visitation privileges with his boys by a judge in Washington. The girl's parents filed a wrongful death case against DSHS, claiming that the state's incompetence contributed to their grandsons' deaths at the hands of their son-in-law.
A Pierce County jury found the state DSHS negligent in 2020, and as a result of that decision, $98.5 million was awarded to the two boys' estates. In an effort to uphold the damage award and avoid being held accountable for its acts that led to the boys' deaths, the state later challenged the judgment and filed its own appeal.
According to court filings, Division II of the Washington State Court of Appeals upheld the jury's initial culpability decision that DSHS was careless and fully reinstated the jury's damage award.
When the family was residing in West Valley City, Utah, in December 2009, the daughter was reported missing when she failed to arrive at work. Her husband insisted on his innocence and said that the night his wife vanished, he went camping with the family's small sons at midnight in the bitter cold.
The woman's husband was never accused of being responsible for his wife's disappearance, but newly released records claim that officials discovered the woman's blood on the floor next to a freshly cleaned sofa that had two fans set up to blow on it. Additionally, investigators discovered the woman's life insurance policies and discovered that, around 10 days after she vanished, her husband had submitted papers to withdraw funds from her retirement account. Her remains have never been located.
After the mother vanished, her husband and the two young sons relocated to Puyallup, Washington, where they remained with his father, who was subsequently accused and found guilty of voyeurism in a separate case.
However, as a result of that conviction, both sons were given guardianship. The woman's parents fought with their son-in-law over who should have custody of the kids. The father was permitted by a state judge to have supervised contact, and it was during one of those sessions that he killed the kids by locking the social worker out.