Personal Injury

May 24, 2009

New York City to Pay $2 M in Death After Hospital Wait

New York City has agreed to pay $2 million to the family of a woman who died last year on the floor of the psychiatric emergency room at Kings County Hospital Center after waiting more than 24 hours to be treated.

A video showed the woman on the floor for more than an hour while workers at the city-run hospital did nothing to help her.

The city’s Health and Hospitals Corporation accepted full responsibility for the death of the woman, Esmin Elizabeth Green, 49, and said it had taken steps to relieve crowding and increase the size of the staff to provide mental health services at the hospital.

May 24, 2009

Dangerous Drugs: Hydroxycut Class Actions Filed

by Dr. Shezad Malik

Two class action lawsuits have been filed in the wake of the recall of Hydroxycut, a popular weight-loss supplement that has been linked to liver damage and other life-threatening side effects.

The suits, filed in Canada and Tennessee, accuse Iovate Health Sciences, which manufactures Hydroxycut, of failing to warn of the drug’s dangers or take proper precautions to protect its users.

May 23, 2009

Land Rover Maker Ordered to Pay $21.1 M in Rollover Case

by Dr. Shezad Malik

A Los Angeles judge has ordered automaker Jaguar Land Rover to pay $21.1 million to a Simi Valley man who was paralyzed in 2003 when his Land Rover Discovery sport utility vehicle rolled over several times after a collision on the 118 Freeway.

L.A. County Superior Court Judge Robert H. O’Brien cited two key reasons for his decision: The vehicle’s high center of gravity made it susceptible to rolling over, and its roof collapsed too easily, causing Sukhsagar Pannu to suffer a debilitating spinal cord injury.

May 19, 2009

Providence man Awarded $4 M in Medical Malpractice Case

by Dr. Shezad Malik

A Superior Court jury awarded a former truck driver $4 M, concluding that negligence by his orthopedic surgeon caused him mental and physical suffering.

Robert T. Baird Jr., of Providence, filed a medical malpractice suit against Dr. Kenneth J. Morrissey in 2002, alleging the Cranston doctor’s negligence. Morrissey denied the complaints.

The jury awarded Baird $1.5 million for physical pain, $1.5 million for mental suffering, $500,000 for disfigurement and $500,000 for lost wages, according to David Morowitz, Baird’s lawyer.

Baird worked as a truck driver for The Providence Journal from 1981 until he began experiencing extreme pain in his right arm in 1999. He went to Morrissey, who operated to improve his movement and in the process removed a benign tumor.

May 18, 2009

Unread X-ray leads to $2 M Malpractice Award

by Dr. Shezad Malik

Zachary James died at at a North Philadelphia hospital when his heart stopped beating on April 20, 2006.

The next day, his wife learned that his death may have been preventable, if someone had just looked at his X-rays before he died.

Following a 10-day trial, a jury awarded Rosalyn James, Zachary’s widow, $2.185 million in a malpractice suit against St. Joseph’s Hospital and two emergency-room physicians.

“I know it would never bring him back,” she said. “But now he’s at peace because I fought for him.”

May 16, 2009

Denver Jury Awards Millions In Sumo Wrestling Lawsuit

by Dr. Shezad Malik

A Denver jury awarded $2 million to a woman who was injured at a Colorado Springs resort while participating in a mock sumo wrestling game with her coworkers.

Katherine Giles was attending her company’s retreat at Cheyenne Mountain Resort in September 2005 when the accident happened.

Mock sumo wrestling is sometimes used by companies as a team building exercise. It involves participants wearing enormous padded or inflatable suits and helmets.

May 15, 2009

Paralyzed Pole Vaulter Wins Lawsuit

by Dr. Shezad Malik

A young Connecticut man who was paralyzed from the chest down in 2002 while pole vaulting at Southern Connecticut State University has won $6.4 million in damages from the Connecticut affiliate of USA Track and Field.

Brandon White, 25, won the civil lawsuit from a six-member New Haven Superior Court jury.

May 15, 2009

Avandia Class Action Lawsuits Continuing

by Dr. Shezad Malik

GlaxoSmithKline, maker of Avandia, faces more lawsuits alleging that patients suffered from serious Avandia side effects. Among the more severe side effects is the reported link between Avandia and heart attacks. Some critics say the risk of a heart problem is too high, while patients file lawsuits alleging they were harmed by the use of Avandia.

One such lawsuit was filed in Texas, alleging the plaintiff, Frank Casteel, took Avandia for 5 years and then underwent heart bypass surgery. According to the Southeast Texas Record, the suit was filed against Smithkline Beecham Corp., doing business as GlaxoSmithKline. The plaintiff claims that GlaxoSmithKline knew its drug was unreasonably dangerous, knew that patients were not informed about the risks associated with Avandia and still marketed and distributed the drug. Furthermore, the suit alleges that the pharmaceutical maker disclosed positive information about Avandia, but concealed or withheld any negative information about the drug’s safety.

May 14, 2009

Family of Child Killed by Falling Gate Settles Lawsuit

by Dr. Shezad Malik

The family of an 11-year-old boy killed when a 1,600-pound metal gate fell on him while he played at a Boston, Methuen school will receive a $600,000 settlement from the city.

The city had previously admitted that it was liable for leaving the unsecured iron gate in an area children could access. The settlement is the maximum amount allowed under state law.

Timothy DiLeo was killed and his younger brother injured when the unhinged gate at the Tenney Grammar School fell on them on Labor Day 2007.

May 12, 2009

Wal-Mart Settles Post-Thanksgiving Wrongful Death

by Dr. Shezad Malik

Wal-Mart Stores Inc agreed to improve its post-Thanksgiving Day crowd control as a condition of avoiding criminal prosecution in the fatal stampede of frenzied holiday shoppers at a Long Island store.

In a settlement made public with the district attorney of New York’s Nassau County and the world’s largest retailer also agreed to set up a $400,000 victims’ compensation fund, donate $1.5 million to the community and provide 50 jobs annually to high school students in the area.

The deal came as a result of the DA’s investigation into the death of a 34-year-old security guard, Jdimytai Damour, who was knocked to the ground and trampled to death in the early morning hours on the Friday after Thanksgiving as shoppers stormed a Wal-Mart.