(360) 733-3773 Bellingham, WA

SHEPARD_ALLEN2

Archive for News – Page 68

NHL Predator’s Face Ice Injury Lawsuit

Posted by David Brown 
· January 18, 2018 

Eric Nystrom was a National Hockey League (NHL) player. As a college student, he played with the Michigan Wolverines hockey team. He was sought after in the 2002 NHL draft with a first-round pick of tenth overall. His father Bob Nystrom, who was born in Sweden and grew up in Alberta, played with the NHL New York Islanders that won four consecutive Stanley Cups.

In 2005, Nystrom turned professional and played with the Quad City Flames, a farm team of the Calgary Flames, an NHL franchise. Nystrom split the 2007-2008 season between the Quad City Flames and the Calgary Flames. Eric Nystrom went on with his NHL career and played with the Minnesota Wild, Dallas Stars, and Nashville Predators. Before the 2017-2018 NHL season, the Predators put Nystrom on waivers and bought out the last year of a four year contract with Nystrom. This action of the Predators against Nystrom effectively ended his NHL career.

Professional hockey is a very tough and somewhat violent sport. There is a high incidence of injuries in professional sports which are both popular and profitable. For instance, Professional sports in California in baseball, women and men’s basketball, hockey, and soccer have produced thousands of work injury claims.

Following Nystrom’ release from the Predators, he sought financial relief for three injuries he suffered playing professional hockey. Nystrom claimed that he suffered from ” permanent partial ” injuries to his hip and leg, on Sept. 3, 2013; a concussion on Nov. 15, 2013; and a back injury on Jan. 12, 2014.

Hockey is as prone to severe injuries like football, and it has been reported that hockey players suffer brain injuries from concussions. The Canadian Medical Journal found that between 1997 to 2004 five hundred fifty-nine concussions were reported in hockey players. The symptoms of a brain injury range from dizziness to blurred vision.

In Tennessee, work injury claims, are subject to provisions of the Workers Compensation Act. Nystrom is seeking a lifetime of medical payments and further economic relief. Not all states recognize that sports injuries are covered under Worker Compensation legislation. In response to Nystrom’s lawsuit, the Predators denied all the allegations in his suit, claimed that it had no knowledge of the injuries, Nystrom was not permanently disabled and the Predators never authorized medical treatment to him.

Categories : News
Tags : ,

Carbon Monoxide Death Case Results in Family’s High-Dollar Settlement

Posted by David Brown 
· January 16, 2018 

A boy from Rock Hill, SC, died in 2013 due to carbon monoxide poisoning after staying at a Best Western motel in Boone, NC. Located 100 miles north of Charlotte, NC, the boy and his mother had stopped for the night at the motel, resulting in the boy’s death, and in serious injury occurring to the mother. The boy, Jefferey Williams, died due to leaking carbon monoxide that was coming from the motel’s swimming pool heating system. The mother, Jeannie Williams, suffered serious injuries also due to carbon monoxide poisoning.

Six weeks previously, Shirley and Daryl Jenkins, of Washington State, had died in the exact same room. However, at the time of that incident, officials were unable to locate carbon monoxide poisoning as the cause of their deaths. The Williams family filed wrongful death and injury lawsuits against Best Western and other parties involved and agreed to settle the suit for a sum of $12 million. The Jenkins family also filed lawsuits, which their attorney has said was settled for a considerable amount of money. The manager of the Best Western at the time, Damon Mallatere, also faced manslaughter charges, but those charges have since been dismissed. Instead, his management company plead guilty to three counts of manslaughter. In January 2018, Mallatere filed a lawsuit against the city of Boone for malicious prosecution. Mallatere claims he has not been able to find a job since the manslaughter charges were filed against him.

Since the incident, the Williams family has founded the Jeffery Lee Williams Foundation, which works to raise carbon monoxide safety awareness. The North Carolina General Assembly created a law that is designed to help prevent carbon monoxide tragedies, making it a requirement for hotels, motels, and other lodgings to install carbon monoxide alarms near possible sources of carbon monoxide, including fireplaces, furnaces that burn fossil fuels, and other appliances.

Best Western has since ordered that carbon monoxide alarms be placed in all rooms. They also replaced the pool heater, which burned natural gas, with an electric one. Due to the state medical examiner’s skipping important deaths during suspicious deaths cases, North Carolina has since doubled their pay and instated mandatory training to rectify the issue.

Categories : News
Tags : ,

Conductor Files Lawsuit In Fatal Amtrak Derailment

Posted by David Brown 
· January 11, 2018 

Between June 24, 2011, and April 3, 2016, there were nine Amtrak accidents in which nineteen people were killed and at least six hundred passengers were injured. In eight of the accidents, the cars derailed. The direct causes of the accidents involved a train hitting rocks, cattle feed truck, tractor-trailer, a truck and a train speeding in a curve out of control.

The last recorded Amtrak accident was on December 18, 2017. While this inaugural Amtrack train route could carry two hundred and fifty people, on December 18th, there were at least seventy-eight passengers and five Amtrak crew members. This route was the first time the train was running, leaving the Tacoma, Washington station, setting a course with the high-speed Amtrak Cascades 501 through the Point Defiance Bypass, from Seattle to Portland, Oregon.

After the train left the Tacoma station, it derailed traveling at least 80 miles per hour at a curve which allowed only 30 miles per hour and the engine and four passenger coaches fell over an overpass with two dangling, and the other two fell onto the busy southbound lanes onto Interstate 5. A truck trailer and a passenger car were damaged. As a result of the derailment, three passengers were killed, and at least 80 passengers were injured.

Of the first lawsuits to be filed, one was one by a conductor in the lead engine that derailed, 48-year-old Garrick Freeman. Mr. Freeman filed a complaint because he suffered severe injuries to his pelvis and ribs. He will require extensive rehabilitation to relearn how to walk. A passenger, Pennie Contrell broke her collarbone and ribs. She also suffered an injury to her neck and internal injuries.

The National Transportation Safety Board is investigating this accident. Some issues to be investigated is the exact cause of the accident, whether the conductor and the crew were adequately trained to operate and navigate the new route and whether a system of positive train control could have avoided the accident. Further, before the accident, both engineers and conductors, like Mr. Freeman, complained that they informed their supervisors that they were not adequately trained to navigate the new high-speed rail system. However, notwithstanding Freeman’s concerns, Amtrak placed him in the lead engine the morning of the accident.

Categories : News
Tags : ,

Washington State, Monroe School District, and Monsanto Sued Over Chemical Poisoning In Schools

Posted by David Brown 
· January 9, 2018 

The state of Washington, Monsanto and Monroe School District have been charged over a high level of toxic chemicals found in a learning center. The lawsuit has been filed by over forty females constituting of parents and teachers. They are blaming these three institutions for the contamination and its resulting poisoning at the Sky Valley Education Centre.

Children and teachers poisoned

The petitioners cite conditions such as skin peeling, seizure, and respiratory problems, among others as the effect of a chemical poison in the school. Some parents explain that their children always became sick in the school and felt better when they left. Some explain that their children developed asthma from a result of such poisoning.

Monsanto blamed

Monsanto appears as a defendant because it is the manufacture of the chemical in question, Polychlorinated biphenyls, PCBs. The firm produced these products without warning the public of its harmful nature. The compound was outlawed in 1970 but remains in use to date.

State of Washington and Monroe School District‘s failure

The lawsuit points out that the state and the School district allowed continued use of the building an education facility despite their knowledge that it had PCB. It refers to a study by the state in 2006 and 2007 that revealed a high level of contamination in the building. Despite the requirements of the state law on safety, the school did not close its door.

A plethora of health issues

Several health issues are alleged to have resulted from this neglect. Some of them include breathing and cardiac problems, autoimmune, skin problems, thyroid and endocrine disorders and stunted development in children. Others include early onset of puberty, asthma, liver damage, stomach pain, vision impairment, and reproductive disorders.

A good school

The only reason why most parents had kept their children in the school is that it felt like a second home to the students. Such is because parents are required to take part in the daily lives of their children.

Defendants’’ response

In response to the lawsuit, the attorney of the Monroe School District provided an elaborate statement of the steps it has taken to ensure the safety of students in the facility. Monsanto on the other end only pointed out to the fact that when it produced PCBs, they were legal and so has no question to answer in the matter.

Categories : News
Tags :

Former Employee Claims He Was Fired Due to an Injury

Posted by David Brown 
· January 4, 2018 

A Fresno County man has filed a lawsuit against his former employer with allegations of disability discrimination.

In a case filed in Fresno County Superior Court on Dec 22, 2017, Enrique Lobato is suing Olam West Coast Inc. and David Iniguez through Does 1 to 20. He alleges that the company acted in violation of the California Fair Employment and Housing Act.

In a statement recorded by the complainant, Lobato had worked for Olam West Coast since 2002. The suit further claims that on May 30, 2017, Lobato incurred injuries as he was fixing a machine at his place of work. Consequently, he was taken to a hospital where part of his injured finger was amputated.

The suit says that Lobato was sent on a one week leave and later returned to work with restrictions. Lobato claims that upon returning to work, the defendant did not permit him to perform his duties and would not even discuss his work restrictions. He was later terminated on June 13, 2017, a move that Lobato claims was due to his disability and inability to carry out his job duties.

The plaintiff further alleges that the defendants failed to create a favorable working condition and relationship to allow him to perform his duties safely and without discrimination. The defendant also failed to take any appropriate action with regards to workplace discrimination.

Through a jury trial, Lobato seeks compensation for exemplary and punitive damages, attorney’s fees, cost of suit, reinstatement of his job, and any other relief that the court deems just and proper. Attorney Amanda B. Whitten from Bryant Whitten, LLP based in Fresno is representing the plaintiff.

Why You Need a Workplace Injury Attorney

The California law offers certain legal rights and protection for anyone injured at work. The California Labor Code offers protection from dismissals due to injuries or disabilities occasioned by on-the-job injuries. However, some employers still disregard the law, and that’s why you need a certified workers’ compensation attorney to help you claim your legal rights.

If you sustain a work-related injury, your employer is required to offer workers’ compensation benefits depending on the severity of your injury. It’s illegal to dismiss or discriminate an employee even after claiming workers’ compensation benefits following a workplace injury in California. Again, after returning to work, your employer should not assign you duties that violate the work restrictions placed by your doctor.

Categories : News
Tags : ,

Conflicting Cause-of-Death Theories in San Francisco Vehicular Manslaughter Trial

Posted by David Brown 
· January 2, 2018 

A driver flicks a cigarette butt out of the window of their car, which ignites a pile of dry leaves on the front lawn of a single-family residence. Embers from the fire are blown onto the front porch of the house, which then catches fire. The fire department arrives but inadvertently sprays accelerant on the fire instead of water. The house burns to the ground.

Who, ultimately, is at fault? There would have been no fire at all were it not for the cigarette butt and the carelessness of the driver. But if the fire department arrived in time and then made the problem worse, not better, what is their ultimate responsibility?

James Harris, a San Francisco city worker, was driving a car registered to the Department of Public Health when he struck and killed wheelchair-bound, 38-year-old Thu Phan on February 5, 2016. He did so while attempting to make a left turn from a restricted lane reserved for buses, taxis, and bicyclists. Phan was in the crosswalk at the time of the accident.

Thrown from her wheelchair, Phan broke both legs and multiple ribs. The accident also caused her brain to start bleeding.

Prosecutor Kara Lacy told jurors that due to his negligent driving, Harris was to blame. “That negligence is what caused Ms. Phan’s brain to bleed and what caused her to pass away.”

Public Defender Dana Drusinsky suggested otherwise. Phan weighed 52 pounds and was less than three feet tall due to osteogenesis imperfecta, a genetic disorder. Drusinsky says that the treating hospital, San Francisco General, took a serious but non-fatal injury and made it much worse. “Everyone thought she would be okay,” said Drusinsky. “There was no indication that she would pass away.”

Drusinsky contended that while receiving treatment at San Francisco General, Phan was given intravenous fluids in amounts far too great for someone of her size. And regardless of the genesis of her injuries, she would not have died if her medical care had been competent.

“The accident didn’t kill her, but the gross medical negligence in the hospital did,” Drusinsky said.

In February 2017, Pham’s parents settled a wrongful death suit with the city for $2.9M.

Categories : News
Tags : ,

Clothing Brand Patagonia Joining the Fight to Preserve National Monuments

Posted by David Brown 
· December 28, 2017 

Native American tribes and environmental groups aren’t the only ones who care about President Donald Trump trying to whittle away at protection for national monuments. Patagonia, a well-known brand of outdoor clothing, has recently voiced its contention as well.

Trump, an ardent supporter of states’ rights, recently signed legislation that would scale back two Utah-based monuments. People who seek to protect the Grand Staircase-Escalante and the Bears Ears National Monument voiced their displeasure immediately. Their main fear is that companies will use the land for grazing, mining, and the drilling of oil because it’s rich in uranium.

Patagonia, one of the most outspoken critics of this development, stated it will sue the White House. It also informed its website visitors that President Trump stole their land. The company’s CEO, Rose Marcario, stated that Patagonia will take its fight to court if necessary.

On December 4, the environmental activist group Earthjustice filed a federal lawsuit representing eight other like-minded organizations. The lawsuit claims Trump violated the 1906 Antiquities Act that guarantees the preservation of monuments or ruins that sit on public land. Earthjustice argues that Trump is catering to the coal mining industry instead of protecting the heritage of monuments and ruins in the two Utah parks.

Navajo Nation, a Native American activist group, stated that it will file a legal challenge against Trump’s decision as well. Like Patagonia and Earthjustice, Navajo Nation cites the violation of the Antiquities Act as the reason for its actions and outrage.

Former President Barack Obama created the Bears Ears National Monument before leaving office in January 2017. The monument includes approximately 100,000 archaeological sites.

The move by Trump upset Native Americans who conduct many spiritual rituals at the two monuments, including healing ceremonies and collection of wood and herbs.

The December 4 legislation by Trump reduces Bears Ears National Monument by 84 percent. This amounts to 220,000 acres. He also requested Ryan Zinke, Secretary of the Interior, to review an additional 27 monuments earlier in 2017.

Trump has also ordered downsizing of the Grand Staircase-Escalante monument to one million acres from 1.9 million acres. His reasoning is that public lands should be available for public use. However, critics think he’s more concerned with the potential profits from billions of tons of oil and coal deposits.

Categories : News
Tags : ,

Energy Drink Manufacturers Sued by a Fife Family After The Death of a 25-Year-Old Man

Posted by David Brown 
· December 26, 2017 

The family of a 25-year-old Anton Omelin who died on October 30, 2014, has sued 3 different energy drink companies in connection with his sudden death.

The lawsuit which was filed in Tacoma, Washington alleges that on that on the night he died, the deceased drank Redbull, NOS and Monster Energy before his untimely demise. Anton’s wife, Anna Omelin, filed the litigation against the Red Bull, Monster and the Hansen Beverage Company which operates as a subsidiary of Monster Beverage Corporation and distributes NOS.

According to the complaint, on the day of his death, Anton learned that he would be taking over the family’s business and to celebrate, he purchased some cognac, fruits, and chocolates. His wife Anna alleges that by 9 PM on the night of October 29 Anton had consumed 2-3 shots of the liquor along with 2 cans (16-ounce) of Red Bull. On October 30 around 7 am in the morning, Anna found him unresponsive on the bathroom floor in vomit. The emergency response team arrived shortly after that and pronounced him dead. According to the Pierce County Medical Examiner’s Office Omelin died of aspiration of gastric contents influenced by alcohol intoxication.

The suit which was filed Oct. 18 in U.S. District Court contends that the manufacturers failed to provide warning or instructions to consumers against the risk of use of energy drinks with alcohol, during physical exercise and overconsumption. The complaint which seeks unspecified damages states that such a warning would have stopped Anton Omelin from taking part in such risky activities.

The complainant suggests warnings on energy drinks such as:

  • “Do not use with alcohol and while exercising.”
  • “Do not exceed two drinks in a 24-hour period.”
  • “May cause cardiovascular problems, insomnia, nausea, vomit, and death.”

The Defendants argue that their products are safe for consumption with Monster stating that the amount of caffeine contained in a Monster Energy drink is half of that in a Starbucks coffee. They cited the lack of medical or scientific explanation as to any link between the death of Anton Omelin and Monster energy drinks or any other branded energy drinks. They further argued that many similar lawsuits linked to energy drinks had been dismissed for lack of merit and that studies alleging an increased risk from normal use are misleading.

Categories : News
Tags :

Sea World Shareholders See Justice AS Judge Grants Class-Action Status

Posted by David Brown 
· December 21, 2017 

The shareholders of Sea World have something to smile about after a District Judge in the United States Issued a class action status against the company for misleading them about the “Blackfish Documentary” impact. Issuing the order in Southern District of California, Judge Michael Anello raised hopes for investors who had filed the lawsuit in 2014.

The Lawsuit
In 2014, the investors moved to court suing the executive directors of Sea World for ignoring, misleading and denying the backlash the documentary has caused. The film featured killer whales held in captivity and a trainer’s death.

The Evidence Presented
In court, internal emails showed that sea world executives knew about the damage the film was having on the business. They not only chose to ignore it but also failed to inform the investors about it thus misleading them into believing everything was cakes and ale. In reality, the business was hurting between late 2013 and early 2014. Several months later, the company admitted their knowledge in the devastating effect the “Blackfish” film was causing.

In the aftermath of the lawsuit, the company acknowledged that it was under investigations following the comments made by its executives. The United States Department of justice together with the commission of security and exchange made swift moves on the company.

The Verdict 
In the verdict, judge Anello ruled that only those who owned shares at Sea World Company between August 29, 2013, and August 12, 2014, were to be enjoined in the case. The verdict also ordered that the owners must not have sold their shared before 13th August 2014. The order excluded former Sea World executive directors, current directors and their close family members.

Sea World’s Response
In response to the order issued, the company stayed away from the case saying that it was focusing on its mission of protecting wildlife. The company maintained that it would not comment on the pending litigation but continues to inspire people to conserve ocean life.

True to their mission, the company ended breeding of whales used in theatre at its parks to promote the natural behavior of the sea creature last year. Currently, the company is acquiring new rides and embracing new ways of attracting people to their several parks. The company’s president remained optimistic that it will be a new term full of financial growth and development.

Categories : News
Tags : , ,

Two Bioscience Companies Face the Law For Defiling Law Against the Sale of Fetal Tissue

Posted by David Brown 
· December 19, 2017 

A settlement signed Monday saw two bioscience companies based in Yorba Linda, DV Biologics LLC, and DaVinci Biosciences LLC reach a $7.785-million settlement over allegations that they were involved in an illegal trade involving the sale of fetal tissue. The prosecutor accused the two companies of selling fetal tissue to numerous companies on the international scene. The case was presented to the Orange County district attorney’s office.

The settlement further indicated that the two companies have to stop their operations in California within a stipulated time frame of 60 to 120 days. Further, the companies have been forced to admit liability for violating the federal and state laws that clearly prohibit the purchase or sale of fetal tissues for the purpose of carrying out research.

The company principals, Estefano Isaias Sr., Andres Isaias, and Estefano Isaias Jr. were also named as defendants in the case. The case against DaVinci Biosciences and DV Biologics forced the court to seize the profits made by the two companies from the sale of this fetal tissue. The prosecutor argued that the defendants disregarded humanity by viewing the parts of the body as a commercial item and selling the tissues for valuable consideration. The Orange County District attorney said in a statement that these two companies will never operate in the state of California again.

The defendants will make a $7.5-million donation to a non-profit academic institution dealing with adult tissues and biological samples and cells that is associated with a U.S. medical school. The prosecutors, however, did not mention this school.

This ruling comes as a lesson to all institutions that are involved with dealing with the illegal sale of human body parts. Further, the court remanded the defendants to donate and also contribute storage containers to laboratories in the county that will be worth around $10,000.

In 2016, the prosecutor also opened a case against the companies by alleging fraudulent and illegal operations in the county. The lawsuit accused the companies of selling human cells and tissues alongside operating illegal activities.

Categories : News
Tags :
« Previous Page
Next Page »

Bellingham Office:

2011 Young Street
Suite 202
Bellingham, WA  98225
(360) 733-3773 or 647-4567
(360) 647-9060 (facsimile)
info@saalawoffice.com

shepard_allen