Wrongful Death

January 31, 2009

Florida Tobacco Lawsuit To Restart

A lawsuit by the widow whose husband died of lung cancer is headed to trial again. Nearly two months after ending in a mistrial, the first of about 8,000 cases against tobacco companies in Florida is scheduled to head to trial again in Florida.

Elaine Hess is suing cigarette maker Philip Morris, alleging her husband’s death was caused by his addiction to cigarettes containing nicotine. Stuart Hess, a locksmith, died of lung cancer at age 55 in 1997.

The case originally went to trial in December, but ended on the second day of testimony after an expert witness for Hess used a racial slur.

January 29, 2009

NV Jury Finds For Family $2.5 M in Med Mal Case

by Dr. Shezad Malik

In 2004, a 24-year-old mother found blood in her stool and kept having pain when she went to the bathroom. When she went to her local doctor, she was repeatedly told that she was merely suffering from hemorrhoids.

Seven months after she visited the doctor, she was rushed to University Medical Center’s emergency room because of major pain. Shortly after that, she was diagnosed with colon and rectal cancer. She died in 2007 at the age of 27.

The Las Vegas District Court jury awarded her family $2.5 million in a medical malpractice lawsuit. The suit contended that the doctor and a nurse at the family practice, were negligent and did not examine her properly.

The jury determined that the doctor was mostly responsible for the negligence that contributed to the woman’s death and that he “fell below the standard of care,” according to the verdict.

If she had been properly diagnosed when she first visited her doctor, her chances of surviving the cancer would have been 97 percent. Her chances dropped to 50 percent by the time she was diagnosed in December 2004.

January 28, 2009

Wisconsin Ruling Limits Cheerleader Injury Suits

by Dr. Shezad Malik

High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, according to the Wisconsin Supreme Court.

The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district.

The National Cheer Safety Foundation said the decision is the first of its kind in the nation.

At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.

January 23, 2009

Amusement Park Operators Settle Wrongful Death Suit

by Dr. Shezad Malik

The family of a Wisconsin teenager killed on a 2007 amusement park ride will be paid $1 million in the settlement of their lawsuit against the operators.

The girl aged 16, died July 14, 2007, in a fall from a giant swing ride at Lifest 2007 when her safety harness was improperly secured.

The parents, named Life Promotions and Air Glory Inc. in a wrongful-death suit and reached an agreement, according to their attorney.

January 22, 2009

Report: KBR Negligent in Soldier Electrocution

by Dr. Shezad Malik

An Army investigation called the electrocution death of a U.S. soldier in Iraq a “negligent homicide” caused by military contractor KBR Inc. and two of its supervisors.

Staff Sgt. Ryan Maseth, 24, of Pittsburgh, died as a result of negligent homicide because the contractor failed to ensure that “qualified electricians and plumbers” worked on the barracks where the soldier died.

January 14, 2009

California to Rescue Good Samaritans

by Dr. Shezad Malik

CA lawmakers are planning to introduce legislation that would offer greater legal protections to Good Samaritans in light of a recent California Supreme Court decision.

Legislators have introduced three bills to address Van Horn v. Watson, 08 C.D.O.S. 15199, which held that a state statute only shields rescuers from liability if they provide medical care in an emergency situation. The ruling puts at risk aid-givers who inadvertently hurt victims while removing them from a burning building or other potentially dangerous scenarios.

January 12, 2009

State of Neglect: Texas Law Lets Hospitals Hide Problems

by Dr. Shezad Malik

Hospital companies in Texas, many of which collect millions in state and federal funds, operate with minimal public disclosure of deficiencies. The state keeps information on complaints and inspections largely private because influential health care corporations want it that way, and Texas legislators have obliged.

As a result, it is next to impossible for the public to determine whether state enforcement works properly. Hospital lobbyists designed much of this system.

The Texas Department of State Health Services provides, on its Web site, a small amount of data on hospital fines. The department also furnishes limited and heavily redacted violation records to anyone who makes a formal open-records request, pays in advance and sometimes waits months for delivery.

January 10, 2009

Huntington Beach CA to pay $125,000 in Wrongful Death Lawsuit

by Dr. Shezad Malik

According to city officials the parents of a teenager who was killed in a confrontation with Huntington Beach police in 2006 will receive $125,000 from the city in a settlement of their wrongful-death lawsuit.

The victim aged 18, was shot by two Huntington Beach police officers after they responded to 911 reports of a woman holding a 4-inch knife walking near a park.

The parents filed a lawsuit accusing the two officers of excessive and unreasonable force. The suit sought at least $40 million in compensatory and punitive damages for each parent.

Investigations by the Orange County Sheriff’s Department and the district attorney’s office cleared the officers of wrongdoing, saying they were forced into a split-second decision to kill a woman they believed to be dangerous.

January 9, 2009

Tarrant County Texas Train Accidents

by Dr. Shezad Malik

Harris County is the most dangerous county in Texas for railway accidents, according to a recently released report.

There were 1,376 reported incidents including derailments, collisions, pedestrian trespassing and hazardous material releases from 1998 through 2007 in the county, according to the Texas Rail Relocation and Improvement Association. The accidents killed nearly 100 people and left more than 1,100 injured, the group said.

Nationally, Texas — with more railroads than any other state and more miles of track — ranks No. 1 for train-vehicle collisions and deaths at rail crossings, the group said.

There were 12,271 rail accidents in Texas from 1998 to 2007 — the most recent figures available — leading to 853 deaths and 7,203 injuries, according to the association.

January 9, 2009

Dallas VA Hospital Opens Remodeled Psychiatric Unit

by Dr. Shezad Malik

The Dallas VA medical center’s psychiatric wing, where two patients committed suicide last year, reopened fully after a nine-month closure.

The wing has been renovated, with new technologies to help safeguard patients and alert hospital personnel about potential problems.