Washington, DC Personal Injury Lawyer - Wrongful Death

D.C. Department of Health Exposes Medical Errors

Jonathan Nace — Tue, 13 Jan 2009 09:15:06 GMT

The District of Columbia Department of Health has published a report finding that 529 "adverse events" occurred in a 12 month period. The report may have been reluctant to title these problems as "malpractice," "negligence," or "mistakes," but semantics is not relevant.

The report found that several possible causes were leading to medical errors, including faulty paperwork and bad equipment. However, it also noted that at least seven people died due to being given either the wrong dose of medicine or the wrong medicine all together.

Despite the prevalence of malpractice in the District of Columbia, it has become more and more difficult for injured parties to be compensated for medical mistakes. This is due to several factors, including tort reform laws and doubting juries.

Hopefully, with the light the Department of Health has shined on this problem, the public at large will realize just how significant and prevalent medical malpractice is in the District of Columbia.

Originally posted at InjuryBoard by Jonathan Nace

Washington Man Dies After Paramedics Diagnose Acid Reflux

Jonathan Nace — Thu, 04 Dec 2008 18:16:04 GMT

A 39 year old man collapsed and died in his home after paramedics responded to a 911 call and told him he had acid reflux disease.

Edward Givens died only six hours after his family had called the paramedics who told him he had acid reflux disease and should take pepto bismol. Paramedics in DC are required by protocol to transport any patient by ambulance to a hospital if the patient asks to go to the hospital said Alan Etter, a spokesman for D.C. Fire and Emergency Medical Services.

Lolitha Givens said the firefighters asked her son what was wrong, and the emergency medical technicians who arrived by ambulance checked his vital signs and performed an electrocardiogram, the results of which they said were normal.

The EMTs asked Givens whether he had eaten or had anything to drink that evening, and he said he had eaten a burger, Givens said. They told him and his mother that he probably was suffering from acid reflux and suggested he take antacid.

"Six hours later, my son was on the floor, dead," Lolitha Givens said.

This is not the first time DC Emergency Medical Staff has come under fire recently, as Cassandra Bailey died in 2006 from cardiac arrest when an ambulance took more than 90 minutes to arrive after being telephoned several times.

In January of 2006, former New York Times journalist David Rosenbaum was beaten severely in a street robbery, but emergency personnel labeled him drunk and considered him a low priority. He died two days later.

Unfortunately for all these people including the Givens' family, suing the District of Columbia can be a tricky process because of a powerful defense known as "the public duty doctrine." State officers, when acting in their state roles, are often considered immune for negligent acts. While the facts of this case may ultimately bypass that defense for the Givens' family, it presents a significant legal hurdle, if they choose to seek compensation.

Edward Givens was the father of two and worked as a counselor to youths who had been victims of domestic violence. He coached Little League baseball, youth football, and basketball as well.

Originally posted at InjuryBoard by Jonathan Nace

Hospital Operates on the Wrong Side of the Brain -- For the THIRD TIME!

David Tompkins — Tue, 27 Nov 2007 16:01:42 GMT

Rhode Island Hospital has been cited for a THIRD incident this year for performing brain surgery on the wrong side of a patient's brain. Two of the victims survived, one did not.

According to Yahoo News, the hospital is reviewing its policies and training of doctors. This is a disturbing trend, and one that indicates significant problems with this hospital.

One question that jumps to my mind is this, "How many other hospitals or clinics have this same problem?" Also, I wonder about the victims. What about the man or woman that had a hole drilled into the wrong side of his or her brain? What damage has been done? What are their rights?

In these cases, is it fair to say to the person with lifetime disability that their pain and suffering is worth only $250,000.00. What will that be when he is 60 years old?

What is being done to protect the public? There are no signs posted at the hospital entrance that state "We operated on the wrong side of a person's brain three times this year." Doctors don't tell patients when they are being evaluated that they have made these mistakes repeatedly in the last year. Consumers of medical care cannot protect themselves from this shoddy care. Imagine, your brain surgeon telling you this before you have surgery, would you still let him do the procedure or have the procedure at that hospital? I believe the answer is no.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by David Tompkins

Wrongful Death Suit Filed Against Texas Hospital

Shannon Weidemann — Wed, 15 Aug 2007 17:30:58 GMT

A woman's beneficiary has sued a Texas hospital and two physicians for wrongful death after she died while in their care in August of 2005. She was involved in a car accident and taken to Christus St. Elizabeth Hospital for treatment. The lawsuit claims that a CT scan was not performed in time to save her life.

"Bowden's condition continued to deteriorate. Dr. Senthilkumar saw Bowden once again on Aug. 24 and once again failed to order a CT scan," the suit said. "Dr. Senthilkumar subsequently saw Ms. Bowden again on August 25, 2005, at which time he finally ordered a CT scan."
The scan detected subdural hematoma, but it was "too late as Bowden's condition had deteriorated such that surgery would not be of any benefit," the suit said. "As a result of defendants' negligence, Bowden suffered severe pain and ultimately died on August 27, 2005."

The wrongful death suit was filed in Jefferson County District Court. The lawsuit if asking for damages to help pay for medical and funeral bills as well as the pain and suffering that the woman went through.

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

Originally posted at InjuryBoard by Shannon Weidemann

El Paso Wrongful Death Suit Ends With $21 Million Award

Shannon Weidemann — Fri, 01 Jun 2007 18:29:03 GMT

A jury in El Paso has awarded the family of a stabbing victim $21 Million in a wrongful death lawsuit. The man was killed by another man that was never charged with a crime. He claimed it was an act of self-defense.

"The Juarez family has said from the beginning that it's not about money. It's a validation that Jacob Ortiz wrongfully took Hugo's life," said David J. Kimmelman, the lawyer for Juarez's parents, Yvonne and Hector Hugo Juarez Sr.
Kimmelman said the large monetary judgment was likely not collectible because Ortiz does not have money, but the Juarez family hopes the civil court's decision prompts a second look at the criminal case from the District Attorney's Office.

The jury did not believe the self-defense claim in finding Ortiz liable. The stabbing happened on January 20, 2004 outside of Irvine High School.

Originally posted at InjuryBoard by Shannon Weidemann

South Carolina Wrongful Death Suit Settled

Shannon Weidemann — Thu, 29 Mar 2007 17:25:04 GMT

A widow will received $1.775 million in a settlement for the wrongful death case she filed after her husband died during surgery at Piedmont Medical Center. The anesthesiologist and nurse anesthetist gave the man the wrong drug during heart surgery causing a fatal heart attack.

According to attorneys for Martha Cogan, widow of Herbert Cogan, Piedmont Medical Center will pay the bulk of the settlement -- about $1.275 million. The remainder will be paid by an insurer for the doctors and other medical personnel involved in the case.

The family was not told by the surgeon how the man died. The cause was discovered after an exhumation and autopsy. His original death certificate listed natural causes as the cause of death.

Originally posted at InjuryBoard by Shannon Weidemann

D.C. Consumer Protection Act--There for the little guy

Staff Writer — Tue, 17 Oct 2006 04:51:43 GMT

A recent ruling from the D.C. Court of Appeals gives me comfort that the Courts recognize the rights of consumers in Washington, D.C. On September 28, 2005 the D.C. Appellate Court issued its ruling in Ford v. Chart One. Although this is not a personal injury case, it exemplifies that the D.C. Court of Appeals takes seriously consumer rights, and will see to it that the Consumer Protection Act is applied properly. District of Columbia residents are protected by a far reaching consumer protection act, and it is important that D.C. residents know their rights. The D.C. Consumer Protection act allows wronged consumers to get triple damages and attorney fees!

Mr. Ford hired a lawyer to pursue a "personal injury" claim on his behalf. His attorney requested medical records from Washington Hospital Center and a received a bill from Chart One. Chart One is a company that medical providers contract with to provide their medical records. Chart One had the nerve to charge Mr. Ford's attorney $38.16 for just six pages of medical records. Mr. Ford's attorney paid this outrageous bill and deducted it as a cost when the case settled. Mr. Ford filed suit against Chart One and sought relief under the D.C. Consumer Protection Act which makes it an unlawful trade practice to "make or enforce unconcionable terms or provisions of sales or leases." D.C. Code Section 28-3904 (r). He also sought class action status. The trial Court denied Class Action certification and also granted Chart One Summary Judgment. The trial court's reasoning (which was criticized and rejected by the Court of Appeals) was essentially that it was not a consumer transaction since the records were obtained by Mr. Ford's attorney and not by him directly. The trial court stated (erroneously) that obtaining the medical records for litigation is a non-consumer purpose.

Fortunately for Mr. Ford, the D.C. Court of Appeals carefully scrutinized the trial court's reasoning, and overruled its dismissal of the case. The Court of Appeals held that the purchase of the medical records by Mr. Ford's personal injury lawyer was indeed a consumer transaction.

More importantly, the Court of Appeals reversed the trial court's denial of class action lawsuit certification, and remanded the case to the trial court for further proceedings consistent with its opinion. At this point is still unclear whether Mr. Ford will be able to pursue the case as class action, but it is clear that Mr. Ford will get his day in Court! If you feel that you have been ripped off or subjected to an unfair consumer transaction, call Goldberg & Finnegan for a free telephone consultation at 202-887-5533.

Originally posted at InjuryBoard by Staff Writer

Prempro Causes Breast Cancer According to Pa. Jury

Staff Writer — Sat, 07 Oct 2006 05:40:04 GMT

It should be noted that the Plaintiff in this case underwent a double masectomy, painful chemotherapy and radiation treatments. Hormone replacement therapy drugs are still on the market despite the fact that government studies suggest a link between hormone replacement drugs and diseases such as breast cancer.

This week a Philadelphia jury returned a verdict against Wyeth Pharmaceuticals ruling that the hormone replacement drug Prempro caused a 66 year old woman's breast cancer. The case was litigated by Ken Suggs (former ATLA President) and Robert K. Jenner (former MTLA President). The jury awarded the victim $1 Million Dollars, and her husband $500,000.00. The case is significant because this is the first time a jury has returned a verdict finding that Prempro causes breast cancer. This case is not over yet though.

The second phase of the trial starts next week; and the Prempro jury will be asked to determine if Wyeth Pharmaceuticals negligently failed to warn and otherwise acted improperly. For unknown reasons, the judge bifurcated this personal injury trial. In this second phase of the trial, the jury will consider whether punitive damages should be awarded against Wyeth for its improper conduct. There currently over 5,000 lawsuits filed alleging that the hormone replacement therapy drugs Premarin and Prempro cause injuries and that Wyeth Pharmaceuticals failed to warn doctors and patients of known dangers relating to the drug combination (Prempro). If you or a loved one has breast cancer and took Prempro, call Goldberg & Finnegan, LLC at 301-589-2999 for a free telephone consultation.

Originally posted at InjuryBoard by Staff Writer

Hasbro Issues Toy Recall For Defective Product(2)

Staff Writer — Tue, 26 Sep 2006 11:27:56 GMT

On September 22, 2006, the U.S. Consumer Product Safety Commission (CPSC) announced a recall of Hasbro's Playskool Team Talkin' Tool Bench following the Wrongful Death of two young children. The toymaker received reports the defective product caused two deaths- a 2 year old boy from League City, Texas, and a 19-month old boy from Martinsburg, West Virginia. Both died by suffocation when oversized, plastic toy nails sold with the toys became lodged in their throats.

The Defective Product was sold at Toys R Us, Wal-Mart, Target, KB Toys stores and various other stores nationwide from October 2005 through September 2006. Consumers should immediately take the toy away from children and contact Hasbro- Playskool to get information on returning the nails for a $50 certificate for a Playskool (or its related companies') product. For additional information, go to their Web site at www.playskool.com. If you or someone you know has had a child or family member injured by a Defective Product you should call a personal injury lawyer immediately to protect their rights. The big company who manufactured this product will have a team of experienced insurance defense lawyers who will do whatever is necessary to minimize or eliminate any potential claim for compensation.
For more information on product recalls, visit the U.S Consumer Product Safety Commission (CPSC) website at: http://www.cpsc.gov

Originally posted at InjuryBoard by Staff Writer

Wrongful Death Personal Injury Claims in Washington, D.C.-Act Fast!

Staff Writer — Sun, 17 Sep 2006 21:11:10 GMT

If a person is killed as a result of negligence that occurs in Washington, D.C., the heirs of the deceased person can bring a wrongful death claim. The claim must be brought by the personal representative of the decedent's estate. However, the claim must be brougt quickly since the wrongful death claim must be brought within one year after the death of the person injured.

Because of the one year statutory time limit on bringing a wrongful death claim in Washington, D.C. for personal injuries, it is crucial that an attorney is contacted immediatley upon the death of any family member if you suspect that the death was due to someone else's negligence (e.g. car accidents, medical malpractice, medical negligence, workplace injuries, crime victims). Several of the personal injury lawyers at Goldberg & Finnegan are licensed in Washington, D.C. and are ready, willing and able to assist with D.C. wrongful death claims. The law regarding D.C. Wrongful Death Claims is located in the D.C. Code Section 16-2701 through 16-2703.

It is important to understand that when a person dies as the result of the negligence of someone else, two legal actions potentially arise. In addition to the above referenced wrongful death claim, there would be a Survivial Claim that should be brought on behalf of the decedent. The statute of limitaitons for the Survival Claim is three years. This concept of two claims arising upon death was explained by the D.C. Court in Strother v. District of Columbia when the Court explained that:

in the District of Columbia, negligent conduct resulting in death may give rise to two independent claims: one under the Survival Act, which allows recovery of damages (excluding pain and suffering) arising from personal injury to the decedent, and another under the Wrongful Death Act which allows recovery for pecuniary loss to the decedent's next of kin (e. g., loss of support) occasioned by the death. The Survival Act permits a claim which accrued to a decedent before his death to be enforced after his death by his 'legal representative.' On the other hand, the Wrongful Death Act creates a new cause of action which arises on the death of the decedent and is enforced by his 'personal representative.' D.C.Code 1973, s 16-2702.

Strother v. District of Columbia 372 A.2d 1291, *1295 (D.C. 1977)

Call Goldberg & Finnegan, LLC at 202-887-5533 or 888-213-8140 for a free telephone consultation regarding negligence, wrongful death and personal injury claims arising in Washington, D.C.

Originally posted at InjuryBoard by Staff Writer