Author Archive for David Brown – Page 76

SoyNut Butter Co. Sued on the Grounds of E. Coli Contamination

Just a few days after recalling its I.M Healthy SoyNut butter, SoyNut Butter Co. gets sued by parents of an 8-year-old child hospitalized with E. coli after consuming the spread.

The Center for Disease Control and Prevention estimates that the boy is one of the 12 people infected with E. coli. So far, the outbreak has been reported in five states — Arizona, Oregon, New Jersey, California, and Maryland. Out of the 12 infected, eleven of them are children.

Erin Simmons and Mosby of California argue that their son was diagnosed with hemolytic uremic syndrome (HUS) after regularly eating the SoyNut butter, which is the company’s peanut butter substitute. The condition was so dire that the young boy had to undergo a blood transfusion and dialysis — hospitalized at Stanford Children’s Hospital for 21 days.

E. coli (Escherichia coli) is a bacterium that thrives in animals and human’s digestive tracts. A person can become infected with E. coli after getting into contact with stool, or feces, of animals or humans. It mostly happens when you eat food or drink water that is already contaminated by the E. coli bacterium. Out of the many types of E. coli, only a few of them are harmful and may cause the following:

  • Bloody diarrhea
  • Severe anemia
  • Kidney Failure
  • Urinary tract infections
  • Sometimes death

Although the case is still ongoing and we cannot predict what the final judgment will be, there are a few things to understand about this case, which can shape and influence the verdict. These are:

  1. Most cases arising from a food poisoning fall under product liability, meaning that SoyNut Butter Co. may be held liable for selling defective products.
  2. SoyNut Butter Co. could also be held liable for negligence. The company did not provide a safe environment for the production or manufacture of the SoyNut butter.
  3. There is also another possibility that the company may be held liable for breach of implied warranty. This concerns about the notion that products sold to the ordinary consumers should meet their expectations.

Jury Delivers a $2.9 Million Verdict for Medical Malpractice against Exodus Healthcare

Medical malpractice, negligence, and injury cases often take a long time or even years before they are resolved. Plaintiffs in such cases risk losing roughly one-third of the time because juries are often sympathetic to the difficulties faced by medical doctors and other medical professionals. Here is an example of a medical malpractice case in which the Younker Hyde Macfarlane law firm obtained a $2.9 million verdict against Exodus Healthcare on the 15th of February 2017.

Details of the case

This case was tried in the Third Judicial District Court, Salt Lake County. It’s titled Case No. 140902527, and Krista Wilcox vs. Exodus Healthcare Network, PLLC, were the plaintiff and defendant respectively. Keith Wilcox, aged 55, was an employee of the Utah Transit Authority (UTA). One night he developed chest pains that eventually spread from the chest and to the abdomen.

According to court documents, on November 6, 2011, Mr. Wilcox visited the Exodus Healthcare medical clinic. He was seen by a physician’s assistant (PA) who misdiagnosed his medical condition and determined that he was only suffering from constipation.

Mr. Wilcox never underwent any cardiac tests such as a chest x-ray or an EKG, and was subsequently not sent to the emergency room.

According to court documents, after more than a week of continued pain, Mr. Wilcox returned to Exodus Healthcare on November 15th and met with a different PA. This PA diagnosed him with abdominal pain and constipation, once again failing to diagnose the actual medical issue. For a second time, no cardiac tests were administered and just 4 days after his second visit to Exodus Healthcare, Mr. Wilcox died of aortic dissection.

Offer to settle the case and the jury’s decision

When the lawyers of Younker Hyde Macfarlane took the case to represent Krista Wilcox, the widow of the deceased, as well as Mr. Wilcox’s estate, they first offered to settle the lawsuit prior to trial for $1 million. However, Exodus Healthcare did not respond to the offer resulting in an 8-day civil trial.

The Jury ended up ruling that Mr. Wilcox was 30 percent at fault because he would have potentially visited the ER of his own violation while the Exodus Healthcare was 70 percent at fault for having breached the standard of care. It awarded $2,940,250.21 to Mrs. Wilcox and the heirs of the late Mr. Wilcox.

Innocent man imprisoned for child sex abuse sues for $5 million

Nearly six years after his false arrest and botched trial, a Los Angeles man has finally won his case against the City of Sacramento.

The plaintiff’s lawyer, Jeff Dominic Price, has won over $5 million for his client.

According to Price, the plaintiff “suffered, pain, fright, fear, embarrassment, humiliation, loss of liberty, as well as mental, emotional and physical injuries.” Jail, it would seem, is not a safe place for wrongly-accused sexual predators.

Even more outrageous, the City of Sacramento is pushing back on the lawsuit, balking at the $5 million-dollar price tag. Sacramento City Attorney James Sanchez, along with other unnamed city officials, is “disappointed in the verdict,” believing there is “no reasonable” reason that the plaintiff should be awarded so much.

Regardless of Sacramento city officials’ opinions, the jury – faced with mounting evidence – declared that not only was the plaintiff innocent, the case and trial were badly mishandled.

Early in 2011, a 12-year old girl using a new laptop was contacted via Facebook and asked to undress via webcam as he masturbated. Alarmed and disgusted, the girl’s mother contacted the Sacramento Police Department for help.

Police ran the Facebook account user’s last name through police records. By coincidence, Price’s client had the same last name and a criminal record. Police obtained his photo and presented it to the victim along with five other suspects’ pictures.

Initially, the girl said the plaintiff was “too skinny” but it “kind of looks like him.” Police making their case against the plaintiff did not mention the “too skinny” comment.

Following his arrest, the suspect insisted he was innocent and had no Facebook account. An examination of his personal computer verified this. The FBI filed a subpoena with Facebook for the poster’s location and traced it to Vienna, Austria. Police, however, failed to follow up with the FBI and never bothered to find out.

Price’s plaintiff still has adverse effects from his experience. In a phone interview, Price also explained that the girl – now 17 – has also suffered because of the incident.

The man who committed the crime is still at large.

Baltimore Woman Fights Taser Ban, Argues the Right to Protect Herself

According to the Baltimore Sun, while the state of Maryland has passed a state law allowing ownership of Tasers, Baltimore County has banned purchasing them. The County Council unanimously voted to prohibit the devices. The law adds these electronic devices to an existing ban on the “use, possession, sale or discharge of a stun gun.” Violators can receive a fine of up to $1,000 and six months in prison. The ban excludes those in law enforcement.

According to the Washington post, at least one woman is negatively impacted by the ban. In 2012, Leah Elizabeth Baran was attacked and left for dead by an ex-boyfriend. He had broken into her apartment, beating and raping her. When Baran fled, he choked her until she was unconscious.  After he was found guilty, he threatened to kill Baran. She decided to look into personal protection. Although Baran’s ex-boyfriend, Joseph Dwayne Caudill, may not get out of prison until 2032, she has been preparing for that possibility ever since.  The Washington Post reported that Baran purchased a gun and practiced shooting.

Baran is now suing two Maryland counties, Baltimore and Howard, to get permission to carry an electronic stun gun. This is a constitutional challenge she says she believes will save lives. A recent Supreme Court ruling questions the constitutionality of bans on stun gun, but there was no conclusive ruling.

In Baran’s lawsuit, filed in U.S. District Court in Maryland, she argued that her only recourse if attacked would be to take her attackers life first. She worried that she could be arrested for using force to protect herself. Baran said that she would then be “at the mercy of police, prosecutors and jurors who will have weeks or months to second guess a decision to use deadly force made in seconds,” the lawsuit said.

An injured attacker has legal recourse to sue for damages. Baran worried that her ex-boyfriend would live up to his promise to take her life. She’d be forced to defend herself all over again.

A stun gun uses paralyzing force via an electric shock that incapacitates a person and causes intense pain. It is not a lethal option, which many people find more appealing than a deadly gun. The suit states that the right to carry a Taser is part of the Second Amendment right to bear arms.

This case is a fascinating contradiction in that it pits the right to harm to avoid being harmed. There are no easy answers, but victims like Baran are likely to have something to say about their need to feel safe.

Federal Lawsuit Against Orlando Officer Reaches Settlement

The federal lawsuit against the city of Orlando concerning a man who accused an unnamed police officer of excessive force and sexual assault ended in settlement after a trial in the matter had ended in a hung jury this past January.

Cassandra Lafser, a spokesperson for the city the settlement was based on financial considerations and not the guilt or innocence of the officer. The plaintiff accused the officer of putting his hand down the back of his pants while searching for drugs. The officer was not charged with a crime or misconduct.

Clinton Fair, a passenger in a car pulled over by Officer Jonathan Mills in August 2014 testified to the assault but Mills has consistently denied the allegations. Fair contested that the officer used “non-consensual, harmful … physical contact” while performing a drug search.

Fair, of Apopka,FL said in the lawsuit that the incident caused bodily injury and a “loss of dignity.”

Because Orlando Police Internal Affairs could not verify the actions, it offered no reprimand in the matter.

Officer Mills is still facing another ongoing federal lawsuit alleging excessive force.

In that case, Louis Fedrick was pulled over in October 2013 for driving on a suspended license. Sixty-one year old Fedrick claims that when he was pulled over at a traffic stop he was tasered by Mills. Fredrick says this happened in spite of the fact he put his hands up in a non-threatening manner.

Mills’ wrote in a sworn affidavit that Fedrick resisted arrest and tried to get away. According to the lawsuit, “Officer Mills then slammed Mr. Fedrick to the pavement and while arresting/handcuffing Mr. Fedrick, twisted and yanked on Mr Fedrick’s arms in a forceful manner.”

Those charges of resisting an officer were dismissed.

Officer Mills has been the focus of multiple citizen complaints with 15 filed from 2012 to 2015. He has not received discipline for any of those complaints though he has been orally reprimanded for making racist remarks about bystanders at a traffic stop.

He has been reassigned to patrol from the department’s TAC team, a unit that specializes in the arrest of violent offenders.

Case Involving the Wrongful Death of Ute Tribe Member to Be Reexamined

The wrongful death suit over the 2007 death of Todd R. Murray, a member of the Ute Tribe, has the United States courts trying to figure out the scope of the ‘bad men’ provision written into a treaty drawn up in 1868. Murray was a passenger riding in a car being driven above the speed limit along highway 40 in Utah’s Utinah County, when two police officers tried to get the driver to pull over. Murray and the driver continued on, pursued by the two officers, until they reached reservation lands where the two men then got out of their car and ran in different directions.

Officer Vance Norton alleges that Murray shot two rounds at him after being ordered to the ground and that he responded by firing two rounds back. Neither one hit the other, and Norton claimed that, at this point, Murray turned the gun on himself, delivering a fatal shot into his own head. He later was pronounced dead at a nearby hospital.

Officer Norton was the only witness to the final moments of Murray’s life, and his account of what happened is contested in the wrongful death suit.

Murray’s parents, the Ute Tribe, and the Ouray Reservation filed the suit, and the U.S. Court of Federal Claims threw the case out. Debra Jones, Murray’s mother, contends that Murray did not shoot himself but that he was shot by Officer Norton. Because there were no other witnesses and because the gun was destroyed when turned over to the government, Jones asserts that there is no way to prove that Murray shot himself. Jones filed another suit to this effect, and it was also dismissed by a lower court. In 2015, the 10th Circuit Court of Appeals also upheld that previous decision.

The U.S. Court of Appeals for the Federal Circuit has now said that the case must be reviewed again by the lower courts, citing a ‘bad men’ clause in a 1868 treaty between the Ute and the United States. The provision states that if a non-Indian ‘bad man’ commits wrong to the people or property of the Indians that it is to be sent to the Commission of Indian Affairs and that they are to be ‘arrested and punished’. The person victimized is also to be reimbursed. It must now be determined whether the evidence was handled correctly or not, as this will determine whether the ‘bad men’ provision was indeed violated.

Former Chula Vista Deputy Fire Chief Wins Lawsuit

After a lengthy deliberation, a jury has awarded over $1 million to former Chula Vista Fire Chief Jim Garcia. The experienced fire chief argued that the city wrongly discriminated against him in two different categories when they ended his employment back in 2015. Garcia argued that both his age and his spinal cord injury played roles in his termination. Furthermore, his neck injury was work-related. Garcia and his attorney, Bradley Gage, effectively argued that the city knew about his medical problems when they terminated him and this was grounds for wrongful firing.

Garcia knew that his recent medical problems were negatively impacting his ability to do his job. He thought that it might be in the best interests of the public for him to leave; however, Garcia was terminated by the city without any notification or cause for his exit.

When Garcia asked the city for an explanation regarding his termination, the city simply told him that his position had been eliminated.

In fact, his position was not eliminated. Furthermore, many new positions were created by Garcia’s departure. Even worse, Garcia was more than qualified to fill many of these positions. According to Garcia’s complaint against the city, many of these positions were filled by significantly younger people who the city could presumably hire for a much lower price. This served as the impetus for Garcia to lodge his formal lawsuit. At the age of 58, Garcia had decades of experience which were certainly valuable to any city. As qualified as any young employee might be, they cannot replace the experience of Garcia, who provides significant benefit to public safety.

During Garcia’s time with the fire department, he received numerous awards and accolades including being recognized as Employee of the Year twice and receiving the Medal of Valor twice. After receiving such awards after a career dedicated to public service, it is understandable that Garcia was shocked by his termination. It appears that the court system was equally shocked as they awarded Garcia a settlement of over $1 million on the grounds of lost wages, both past and future, and damages due to emotional distress. Garcia said that he felt he could have worked another five years if given the opportunity.

The NFL is in the Spotlight Again, This Time Regarding Cheerleaders

Without a doubt, the NFL has been in the spotlight for all of the wrong reasons in the past couple of years. Between the national anthem protests, the concussion issues, and the fiasco surrounding deflated footballs, the NFL would undoubtedly like to bask in the glory of the season’s end; however, this proves only to be a pipe-dream. The NFL was recently hit by a lawsuit filed by cheerleaders demanding higher wages.

This has been an ongoing issue in the NFL even if it doesn’t receive the same type of media coverage as the issues that were mentioned above.

The cheerleaders for the Oakland Raiders and the San Francisco 49ers make up a group of cheerleaders that have filed a lawsuit demanding higher wages from NFL teams. In total, the group of cheerleaders represents 26 of the 32 NFL franchises. People should note that the Cleveland Browns and Chicago Bears do not have cheerleaders. While the cheerleaders certainly aren’t demanding to be paid like the athletes on the field, they point to the mascots for the NFL teams who make somewhere between $25,000 and $60,000 depending on the team. The cheerleaders state that it simply isn’t fair that the mascot receives that kind of compensation in comparison to the work the cheerleaders put in.

The lawsuit has cast a shadow over the Super Bowl which was recently played in Houston, Texas. While the other issues may have already done that, the cheerleaders make a claim that the NFL has successfully manipulated the market to avoid paying its cheerleaders fair wages. Some people might be surprised to learn that this isn’t the first time the NFL has been sued by its cheerleaders. in 2014, the Oakland Raiders were the target of a lawsuit filed by its cheerleaders who were being paid less than $5 per hour at the time. The lawsuit was eventually settled or over $1.25 million.

In the past couple of years, there have been protections for cheerleaders enacted in the state of California; however, this lawsuit looks to institute changes that will happen on a league-wide level. It remains to be seen how the NFL will cope with this most recent distraction.

Families of Softball Players Killed in Crash File Lawsuit Against Bus Company

Tragedy struck a Texas town when the lives of several young softball players were tragically lost in a bus crash. Nearly a week after a semi-truck struck a bus, killing the young softball players, the accident has caused such emotional distress for everyone involved that the driver of the semi-truck took his own life. While this is a heartbreaking story from multiple angles, the families of the young women who were lost say that they intend to sue the company that made the bus carrying their daughters and their teammates.

In an interview, the families of the softball players repeatedly stated that they never intended to prove guilt on behalf of the driver who crossed over the interstate and struck the bus.

The families maintain that their lawsuit is more about getting these unsafe buses off the streets. The families went and looked at the bus that was carrying their daughters and their teammates and immediately decided that the bus simply wasn’t safe enough for anyone to ride on.

The lawyer for the families, Todd Tracy, has filed a lawsuit on behalf of the families against the bus manufacturer, called Champion Bus Company. Tracy and the families said that an investigation of the bus demonstrated that the materials involved in making the bus included plywood, styrofoam, and metal pieces. While these materials might raise eyebrows under any circumstances, they raise even more questions when further investigation revealed that these pieces were not even welded together. Without welding the pieces together, the bus does not provide as strong of a structure to withstand an impact. It certainly wouldn’t be able to hold up well against an impact from an object the size of a semi-truck. Perhaps this contributed to the tragic loss of life that occurred in the tragic bus accident.

The families have stated that their goal is to prevent accidents like this one from ever happening again, particularly to students. The mothers believe that no student should ever have to ride on a bus as unsafe as the one that carried their daughters. If the families win the lawsuit, they plan to use the money to build a brand new softball stadium.

Lombard Day Care Center the Target of Lawsuit After the Death of a Child

When parents place their children in the care of an experienced daycare center, they never expect the worst to happen. Unfortunately, that is exactly what happened to the parents of a young daughter whose life was tragically lost while at a suburban day care center. A 3-month old child named Tessa McDaneil died while in the care of Tender Harts, a daycare center that is operated out of a residence located in Lombard. The parents filed a lawsuit alleging negligence on the part of the daycare workers. They claim that the child was unattended when she suffered a serious injury that ultimately led to her death.

The attorneys representing the couple claim that the young infant was left alone for over a half hour before the daycare staff realized that she wasn’t breathing. While it’s likely she suffered an injury while at the daycare, the exact cause of death has not yet been determined. As supporting evidence for the lawsuit, the attorneys pointed out that one of the owners, Jason Hart, was attempting to supervise over 20 children by himself. This ratio is in violation of a state law that indicates how many children can be safely supervised by a single staff member at a single time.

The attorney made a statement saying that the laws that govern the supervision of children exist for a reason. They claim that the laws are in place to prevent tragedies like this one specifically from happening.

Further investigation revealed that this is not the first time the daycare center had received complaints regarding its practices. In fact, the Department of Children and Family Services is currently investigating over a dozen potential violations that have been committed by Tender Harts. Many of these complaints specifically target the number of children allowed in a group daycare setting and the number of staff available to watch these children.

The lawsuit is looking for damages in excess of $50,000. The parents and their attorneys claim that the lawsuit is looking to draw attention to issues surrounding child safety. The ultimate goal is to prevent tragedies like the one Tessa McDaniel suffered from ever happening to another child.