Articles Posted in Personal Injury

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Joseph Novotny, 43, was killed in a Los Angeles car accident after he was struck on his bicycle by an alleged drunk driver on Bouquet Canyon Road in the Angeles National Forest, The Signal reports. Two other bicyclists Rigoberto Himenez Jr. and George Munana Jr. sustained injuries that required hospitalization while two other suffered minor injuries. The fatal bicycle accident occurred July 11, 2009 when Marco Valencia, 20, traveling north on Bouquet Canyon, crossed the double yellow lines while making a left turn in the canyon roadway, California Highway Patrol officials said. Valencia’s pickup then struck a group of bicyclists including Novotny. After that, he apparently fled the scene of the collision. He also allegedly sideswiped a Hyundai, but the car’s driver was uninjured.

Novotny was pronounced dead at the scene. Himenez and Munana were taken to an area hospital. Los Angeles Sheriff’s Department officials located Valencia in his 2001 Ford F-150 pickup truck further north along Bouquet Canyon. Valencia is facing several felony charges including murder, driving under the influence causing death and hit-and-run causing death.

My heart goes out to the family and friends of Joseph Novotny, who was tragically killed in this bicycle accident. I offer my deepest condolences to them. I also wish the two injured bicyclists the very best for a quick and complete recovery. Please keep them in your prayers. Here was a group of bicyclists doing what they loved to do and they get hit by a guy who was apparently drunk on a Saturday morning. Tragic!
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Thomas Botello, 11, died days after he suffered critical injuries in a Ventura County car accident which officials say was caused by his aunt, Page Germain, an Orange County woman, who was driving under the influence of prescription medication. According to an article in the Ventura County Star, the accident occurred the afternoon of July 4, 2009 at the intersection of Las Posas and Laguna roads near Camarillo. Germain stopped at a stop sign at Las Posas and then continued into the intersection where cross traffic does not have a stop sign. She did not yield right-of-way to a pickup truck driven by 23-year-old Edgar Espinoza who crashed into Germain’s sport utility vehicle.

Thomas was sitting in the SUV’s right rear seat and was buckled up. He was taken to an area hospital where he died a four days later. A 12-year-old boy in Espinoza’s truck also suffered injuries, but they were not life-threatening. Espinoza and another passenger were not injured. Germain of Huntington Beach was arrested on suspicion of driving under the influence of prescription medication.

My heart goes out to the family of Thomas Botello for their tragic and heartbreaking loss. This accident must be especially hard on them because it was caused by another family member. I offer my deepest condolences to Thomas’ parents. Please keep them in your prayers. I’m also relieved that Espinoza and the others in the pickup truck were not seriously injured.
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Robert William Cusack, 47, was killed in a San Bernardino rollover car accident near Highway 395 and Shadow Mountain Road in Adelanto on July 4, 2009, according to a news report in the Victorville Daily Press. Cusack was heading east on Shadow Mountain Road in a black 2007 Toyota Tacoma, when the truck left the roadway and rolled over several times. Cusack was taken to an area hospital where he was pronounced dead shortly after the car crash. California Highway Patrol officials are still trying to determine what caused Cusack’s truck to leave the roadway.

My heart goes out to the family and friends of Robert William Cusack for their tragic and heartbreaking loss. I offer my deepest sympathies to everyone who knew and loved this man. Please keep them in your prayers.

According to California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), in 2007, there were three fatalities and 32 injuries involving car accidents in Adelanto. In San Bernardino County, 308 deaths and 9,920 injuries were reported as a result of car accidents in 2007. The National Highway Traffic Safety Administration reports that at least 10,000 fatal traffic accidents in the United States each year involve rollover crashes.
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Fourteen people suffered injuries in a Los Angeles County bus accident after a city bus and a van collided at the intersection of Whittier Boulevard and Concourse Avenue in Montebello on July 6, 2009. According to a news report in the Pasadena Star News, the bus was carrying about 40 passengers. Fourteen of those on the bus, including the bus driver, were taken to area hospitals for treatment of injuries. At least four of those injuries are said to be serious. The driver of the van suffered minor injuries.

It’s a relief that this bus accident did not cause life threatening injuries or fatalities. My heart goes out to everybody who was injured in this Los Angeles County bus accident. I wish all the injured victims the very best for a quick and complete recovery.

According to California Highway Patrol’s 2007 Statewide Integrated Traffic Records System (SWITRS), there were six fatalities and 290 injuries involving car accidents in Montebello. In Los Angeles County as a whole, 712 fatalities and 56,475 injuries were reported in 2007 as a result of car accidents.
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The California Zicam lawyers at Bisnar Chase Personal Injury Attorneys continue to receive inquiries regarding lawsuits and class-action suits about defective over-the-counter Zicam cold medications, which have apparently caused hundreds of Americans to lose their sense of smell and/or taste. These Zicam defective products were meant to relieve cold congestion. However, the defective Zicam nasal cold remedy products clearly have done more harm than good.

Matrixx Initiatives Inc., the manufacturer of the Zicam cold remedies that are believed to be responsible for hundreds of users nationwide losing their sense of smell is expecting to face more Zicam lawsuits, in addition to the ones already filed, after the U.S. Food and Drug Administration warned consumers about Zicam drug effects, according to a Dow Jones news report. Last month, federal officials cautioned consumers to stop using Zicam cold and allergy medications because they can cause permanent loss of smell.

Matrixx officials have said that they are facing a lot of legal action including two economic Zicam class-action lawsuits and a personal injury lawsuit involving 117 plaintiffs. They are now saying that additional Zicam lawsuits involving individual plaintiffs making allegations that its nasal gel products have caused a permanent loss or diminishment of the sense of smell or smell and taste, have been filed. Matirxx officials have also said that they absolutely disagree with the FDA’s stance that these drugs are dangerous and defective and that they intend to vigorously defend each and every one of these lawsuits. However, Matrixx has started a formal recall of all of its Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Nasal Swab products in a move to comply with the FDA’s request.
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In these times when nursing home abuse and negligence is at an all-time high, it is very important to be armed with pertinent information when you are looking for a nursing home for a loved one. A recent article in U.S. News talks about those nursing homes that are rated as “Special Focus Facility.” The truth is there is nothing good or positive about the word “special” here. A Special Focus Facility is basically a nursing home with a history of negligence or consistently substandard results in health inspections – one that has been tagged for extra monitoring and inspections by the federal Centers for Medicare and Medicaid Services as well as the state where it operates. In other words, you want to stay away from these “special” nursing homes.

How does a nursing home gain this dubious status? It doesn’t happen with a single health deficiency. For a nursing home to be tagged it would have to have three serious problems at three consecutive inspections. If repeat inspections were necessary because the nursing home did not rectify the problem, that becomes a serious issue as well. According to the Centers for Medicare and Medicaid Services there are about 135 nursing homes on this list. California has six of these homes. Officials say many more nursing homes should be on this list, but aren’t because the federal agency simply does not have the resources or the manpower to go after these homes and conduct these inspections.
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Peter Clothier, a friend of mine, recently wrote a heartfelt blog post about his experience serving on a jury to decide on a personal injury case. Needless to say, this blog post, which appeared in Peter’s blog, The Buddha Diaries, immediately caught my attention.

Here’s a brief description of the case Peter was on the jury for. An 18-year-old man driving a 1992 Honda Accord rear-ended a Mercedes SUV when they were both stopped at a traffic light. The teenager was inattentive and ended up ramming the back of the SUV at 3 to 6 miles an hour. The two drivers exchanged information. A month later, the SUV driver experienced lower back pain. Doctors diagnosed a damaged disk and then it was one thing after another. He underwent three surgeries to repair the disk, tried to get it replaced with an artificial one, which didn’t work. In the end, he was in pain, he could no longer work and his relationship broke down. His whole life was falling apart. He filed a personal injury lawsuit against the teenager seeking damages for his injuries, pain and suffering.

This is where Peter’s journey began as a juror. In his blog, Peter beautifully and articulately describes the inner struggles that a juror goes through when he or she is sitting there, listening to emotional testimony and grueling details from technical experts (sometimes you wonder if they’re speaking English!).
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Rodrigo “Rod” Armas, 45, died in a Los Angeles car accident. Armas and his son were on their way back to Malibu during the annual 200-mile Los Angeles Wheelmen “Grand Tour” event.

My heart goes out to the family and friends of Rod Armas and his young son who is in the hospital with serious injuries. I offer my deepest condolences to Armas’ surviving family members, his wife Shelly Armas, his son and two daughters. Please keep this family in your prayers as they go through this difficult time.
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Three occupants of a Honda Civic–Francisco Magana, 20, Virginia Garcia, 21, and Vivian Garcia, 14–were killed in a Fresno car accident that officials believe was caused by a suspected drunk driver going in the wrong road direction.

According to a news report in the Fresno Bee, 32-year-old Willie Rivera Jr. was driving a Chevrolet Silverado pickup truck the wrong way and collided head-on with the Honda at the intersection of Jensen and Armstrong avenues the night of June 24, 2009. The Silverado apparently sideswiped a Ford pickup and then hit the Civic. A Daewoo sedan was also caught up in the fatal car crash.
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California investigators believe that nursing home negligence may have caused the death of an 83-year-old man, who died from head injuries that were not properly assessed or treated by nursing home staff. According to an Associated Press news report, Lakewood Manor North in Los Angeles received an AA citation – the most severe that the California Department of Public Health issues. The negligence, according to officials, involved a patient who had slipped, fallen and suffered a head injury while trying to move from his bed to a wheelchair in 2007. The resulting head injury was not properly assessed or treated, investigators say. The man ended up dying four days after he fell.
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