Galveston Bay Personal Injury Lawyer - Wrongful Death

Possible E. Coli Outbreak Leaves 1 Dead, 11 Hospitalized

Scott Kappes — Mon, 25 Aug 2008 16:39:13 GMT

At least 11 people have been hospitalized and one is dead following a possible outbreak of E. coli. The outbreak has now been linked to a restaurant in Locust Grove, Oklahoma; where at least 11 people have been taken to a Tulsa hospital after visiting the establishment. The presence of E. coli has not been confirmed but is suspected to be the likely culprit.

Oklahoma State Health spokeswoman Leslea Bennett-Webb has confirmed that between 12 and 20 people in surrounding areas have also been treated for similar ailments at various other hospitals. The name of the one deceased victim has not yet been released.

The symptoms have reportedly been very severe have been associated with bloody diarrhea, a common symptom of E. coli infection.

If you experience symptoms associated with E. coli, such as bloody diarrhea, you should seek immediate medical attention.

Originally posted at InjuryBoard by Scott Kappes

Family of Crane Accident Victim Seeks $30 Million

Scott Kappes — Wed, 26 Mar 2008 13:15:34 GMT

The family of a 45 year-old construction worker, who was tragically killed when a crane collapsed in Midtown Manhattan, plans to sue New York City for $30 million. The family of Clifford Canzona, who was atop the crane when it plummeted nearly 200 feet without warning, claims that neglect caused or contributed to the accident resulting in Canzona's death. The March 15 accident left seven people dead and caused millions of dollars worth of damage. A notice of claim, which basically warns of a future lawsuit, was filed on Monday with the city's corporation counsel.

The family's attorney said he reached the $30 million figure by accounting for the terror that Canzona experienced while falling 18 stories to his death.

"He suffered the horror of falling from 18 floors to the ground below, being crushed by the collapsing crane all the while experiencing the most excruciating thoughts of his own death," read the notice. "He sustained terrific conscious pain and suffering prior to his own death."

The city will likely face additional lawsuits resulting from the terrible accident in the coming months. The city has made an effort to prevent future accidents by enacting new guidelines that require a building inspector to be now be present any time a crane is raised or lowered within the city.

Recent reports claim that a city construction site inspector has been arrested after authorities concluded that the man lied about inspecting the crane on March 4.

Originally posted at InjuryBoard by Scott Kappes

Lawsuit Filed by the Family of Man Shot by Deputy

Scott Kappes — Mon, 24 Sep 2007 16:39:00 GMT

The family of Miguel Angel Ramirez has filed a wrongful death case against Nueces County Sheriff's Department and the deputy that shot and killed Ramirez. Ramirez, 32, was shot 10 times by Deputy Burl Smith on June 7th of this year. Ramirez was along the side of Interstate 37 with an 18-inch machete. The sheriffs department says that Ramirez would not heed the warnings of the officers and refused to relinquish the weapon resulting in him being fatally wounded.

The family claims that Ramirez often suffered from seizures that would leave him disoriented and confused. They claim that the deputy should have recognized that Ramirez was in need of medical attention.

The wrongful death suit, filed last week by Ramirez's parents, Cirilo Ramirez of Rosanky and Maria Guzman of Arlington, accuses the county of failing to properly train and supervise its officers and claims the deputy used excessive force.

Deputy Smith was not indicted on any charges related to the case and has been well supported in his actions by the department. The Sheriff of Nueces County, Jim Kaelin, said that Smith acted in accordance with the law and his training.

"No amount of training, whether the person is mentally ill or not, would prevent a law enforcement authority from protecting himself from a machete attack," Kaelin said.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Scott Kappes

Purdue Settles Wrongful Death Case

Scott Kappes — Wed, 29 Aug 2007 11:15:22 GMT

Purdue University and the parents of a 19-year-old freshman have agreed to a settlement in the fatal accident that occurred last January. The student wandered into an unlocked utility room where he was electrocuted on January 13th. The boys body was not discovered until two months later.

The family of the victim was paid a lump sum settlement of $500,000, the maximum amount that can be claimed under Indiana state law against a public institution in a wrongful death case.

Purdue officials have said the room was examined, but not thoroughly, during the search for the missing student days after he disappeared. Officials have not been able to explain why the exterior door to the room was unlocked.

For more information on this subject matter, please review our section on Wrongful Death.

Originally posted at InjuryBoard by Scott Kappes

Autistic Child's Death Charged to Doctor

Scott Kappes — Tue, 28 Aug 2007 10:25:39 GMT

I read an interesting story in the Houston Chronicle last week about a doctor being charged in the death of his child patient. A five year-old autistic boy died at after being administered a chemical treatment by a Pittsburgh doctor. The treatment the doctor, called chelation therapy, is an FDA approved; however, it is not designed to treat autism, but acute heavy metal poisoning. Some people believe that there is a link between a mercury containing preservative that was used in vaccines in the past and autism, and for them chelation therapy may seem like a viable treatment. Dr. Roy E. Kerry was charged with involuntary manslaughter last week and has also been slapped with a wrongful death case by the boy's parents.

The boy went into cardiac arrest immediately after being treated with controversial therapy by Kerry on August 23, 2005. The doctor has defended his actions over the past two years and claims that the boy's symptoms of autism had significantly diminish after the first two treatments he received. It is suspected that the boy was given a synthetic amino acid used in the process without a calcium additive that it should have contained. The additive's purpose is to assure that sudden cardiac arrest does not occur from loss of calcium. While the doctor admits that there may have been some confusion, as both compounds are odorless and colorless but he was not negligent.

Investigators, who have worked on the case for nearly two years, talked to several doctors about his methods, and one is prepared to testify that Kerry's treatment constituted gross negligence, she said.
The Department of State, which licenses physicians, filed six disciplinary charges in September against Kerry. The department contends Kerry used the wrong formula of the drug and prescribed an IV push -- meaning the drugs are administered in one dose intravenously -- despite warnings that it could be lethal.

Kerry could see prison time if convicted on all charges, but seeing as he has no prior record it is unlikely that he would receive the maximum penalties of several years in prison if convicted.

For more information on this subject matter, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Scott Kappes

Driver Charged in Drunk Driving Car Accident

Scott Kappes — Tue, 21 Aug 2007 14:25:16 GMT

Two people were killed earlier this month when a drunk driver flew over a seawall in deadly car accident. The driver has been charged with DWI and failing to stop and give aid to accident victims.

Oscar Podencceo, 20, who told police he is from Mexico and not a legal U.S. citizen, remained in a University of Texas Medical Branch hospital under observation Monday afternoon. Police allege he was driving the car when it went off the Seawall and that they caught him fleeing on foot a few blocks away from the accident, Capt. Edward Benavidez said.

The most recent information on the crash said that authorities had yet to release the victims' names.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Scott Kappes

Avandia Maker Sued

Robert Binstock — Thu, 21 Jun 2007 09:47:46 GMT

The widow and son of a Beaumont man are suing the maker of the popular diabetes drug Avandia, claiming it contributed to the man's death from a heart attack.

This man died the same day a scientific analysis was published in the New England Journal of Medicine about more severe risks involved with taking Avandia, such as heart attacks and even death. He had been taking a form of Avandia called Avandamet mixed with another diabetes drug for around two years.

His widow and son filed the lawsuit against GlaxoSmithKline pharmaceutical company. Their lawyer strongly believed that evidence will show that the company new about some of the risks involved in taking Avandia, but didn't bother to tell anyone about it and continued to supply consumers. Of course, GlaxoSmithKline firmly disagrees and says that their product is safe and thorough. The analysis in the New England Journal of Medicine concluded that Avandia could raise patients' risk of heart attack by more than 40 percent. The Food and Drug Administration will now be much more strict by requiring stronger warnings about heart failure on Avandia.

For more information on this subject, please refer to our section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Robert Binstock

Wrongful Death Lawsuit Filed Against Police Department

Christina Cole — Wed, 18 Apr 2007 21:19:37 GMT

A wrongful death lawsuit has been filed in U.S. District Court for the Northern District of Texas, seeking damages from Wichita Falls Police Department and one of its officers for a car accident that resulted in the death of a 29-year-old man in April 2005.

Two relatives, heirs to the man's estate, are suing the department and unnamed officer. Court documents describe the officer as "an unknown officer with said police department."

This is an action for wrongful death, including mental anguish he suffered as his imminent death became apparent, including damages suffered by his survivors.

An April 2005 Times Record News article cited a police news release, and gave this account of the early morning incident:

An officer suspected the driver of a 1990 Honda Accord was intoxicated, and tried to pull him over in the parking lot of the Motel 6 in the 1800 block of Maurine about 12:30 a.m. April 2. The car came close to striking the officer, and it fled. Police followed the vehicle as it traveled along several roads. At Fairway and Southwest Parkway, the vehicle failed to stop at a flashing red light. The driver swerved to avoid a collision and lost control. The car crossed a median and the northbound lanes of Fairway, went over a curb and hit a concrete bridge abutment. The man was pronounced dead at the hospital.

"On April 2, 2005, he was minding his own business in a gas station in Wichita Falls, Texas," the federal complaint reads. "An officer of the City of Wichita Falls Police Department decided to pursue his vehicle when he drove away from the gas station... Some eight (8) miles from the gas station, in the midst of the pursuit by the officer, his vehicle ran into a ditch and rolled over, killing him."

Originally posted at InjuryBoard by Christina Cole

$50 Million Wrongful Death Lawsuit Against Brandy

Christina Cole — Fri, 02 Feb 2007 00:33:52 GMT

The parents of a woman killed in a crash that involved Brandy are now suing the singer/actress for $50 million in a wrongful death lawsuit. The suit alleges Brandy was driving recklessly at the time her Land Rover crashed into the back of a Honda.

The suit was filed in Los Angeles Superior Court. The lawsuit was filed just one day after the California High Patrol recommended that Brandy be charged with misdemeanor vehicular manslaughter in the accident.

Aboudihaj's car hit another vehicle, slid sideways into the center divider and was then hit by another car. Aboudihaj, a Los Angeles waitress, died at a hospital from blunt-force injuries, according to the coroner's office.

Originally posted at InjuryBoard by Christina Cole