Archive for News – Page 84

Milestone Study Links Sleep Deprivation with False Confession

When Damon Thibodeaux confessed to the rape and murder of his 14-year old cousin Crystal Champagne in Louisiana in 1996, he had been subjected to an all-night interrogation and had been up the previous night searching for his cousin. DNA evidence later confirmed that Thibodeaux was innocent, but his false confession proved costly. Thibodeaux spent 15 years in solitary confinement on death row until his release.

false-confession-studyFalse confessions occur with surprising frequency. The campaign group the Innocence Project estimates that up to a quarter of wrongful convictions in the US are a result of false confessions. In many situations like Thibodeaux’s, the suspect suffered from severe sleep deprivation during their police interviews.

A recent milestone study has provided evidence that shows a link between sleep deprivation and false confession. Eighty-eight study participants were asked to complete various computer tasks as part of a fake experiment. The participants later returned to complete more tasks, and then either slept or stayed awake all night. In the morning, the researchers falsely accused the participants of losing the data of the fake study by pushing the escape key. None of the participants had actually pressed the escape key or lost any data, but half of the sleep deprived participants agreed to sign a confession of guilt to losing the data, while only 18 per cent of the well-rested participants were willing to sign a confession. Legal experts predict that this study may be cited in future legal battles where false confession is believed to have occurred, as this is the first study to show a link between false confession and sleep deprivation.

Sleep deprivation has long been used as a tactic in police interrogations, but the practice has been outlawed in the UK after a rash of miscarriages of justice during the 1970s. But the US and many other countries do not have laws that prohibit sleep deprivation tactics.

To many, it might seem unbelievable that false confessions could occur with such frequency, but experts say that suspects often confess because they believe that the evidence will eventually prove their innocence. After being allowed to rest, these suspects often retract their confessions. But by then it is often too late as the police investigation changes course and the defense loses ground.

The study is not the perfect legal defense for false confessions in cases of sleep deprivation, but it is an important first step toward changing false confession trends and implementation of laws requiring interrogation suspects to be given a chance to sleep.

Lawsuit: 2-year-old dies after Colorado Springs police ignore warning

Mayra Juarez (left), Raul Alvarado (Credit: Colorado Springs Police Department)

Mayra Juarez (left), Raul Alvarado (Credit: Colorado Springs Police Department)

Police in Colorado Springs are under heavy scrutiny after completely ignoring the repeated warnings of an estranged parent about his two year old child, a child that is now dead. A December filing at the El Paso County District Court lists Luis Daniel “Danny” Juarez Molina, the child, as deceased. The lawsuit claims that the cause of death of the child was blunt trauma – repeated strikes from brass knuckles and finally being thrown into a wall. In his final hours, Danny was hospitalized for swelling in the brain and lacerations of the liver. He finally died after doctors at Children’s Hospital Colorado took out part of his skull to counter brain swelling. The operation caused Danny to fall into a three day coma from which he never recovered.

The Alleged Perpetrators

The lawsuit alleges that two year old Danny suffered these tragic injuries at the hands of his own mother, Mayra Juarez-Martinez. She is currently serving three years for child abuse resulting in serious bodily injury to Danny. At the time of death, Danny was apparently covered in injuries including bite marks, multiple bruises on his stomach and back and a missing tooth, among other injuries.

Mayra Juarez-Martinez’ 21 year old boyfriend Raul Alvarado Jr. faces charges of 1. first degree murder, 2. violent crime causing death and 3. child abuse recklessly causing death for actually killing the child.

colorado-springs-policeThe Incompetence of the Colorado Springs Police

Aside from Alvarado, the lawsuit also names Colorado Springs police officer Justin Carricato as a defendant. The lawsuit states that Carricato, along with other unnamed individuals of the police organization, violated the Child Protection Act by refusing to report Danny’s injuries to a county child protection agency.

The lawsuit notes that the city of Colorado Springs has a history of ignoring serious cases of child abuse, naming the police as a constant bottleneck. A previous case concerning four year old Tamyrii Randall upholds this narrative.

There has been no comment from the Colorado Springs police department about this case.

Lawsuit: Woman alleges she miscarried after cops battered her during arrest

A woman from Mariners Harbor filed a lawsuit against the city and four police officers. She claims that these police officers battered her during an arrest in her home about 15 months ago. The woman alleges that she told the police officers prior to the battery that she was carrying a child.  According to the woman, this incident caused her to miscarry and lose her child.

The complaint says that the incident occurred at about 1:45 p.m. Emelda Fitzroy alleges in the suit filed in a Brooklyn federal court that the police officers struck her repeatedly in the stomach. She also claims that the police officers stepped on her and threw her to the floor of her home. The police officers then approached Fitzroy, forcibly grabbed her, and arrested her without offering any legal justification.

Brooklyn-Federal-Court

In the complaint, Fitzroy claims that the injuries she sustained at the hands of the cops led to the miscarriage. In the complaint, she does not mention how many months pregnant she was. On November 3, 2014, she was released after 26 hours of being incarcerated.

In the lawsuit, Fitzroy does not note why the police officers went to her home. However, the suit does note that she was arrested on charges of misdemeanor assault, resisting arrest, harassment, and obstructing governmental administration. Fitzroy hired a lawyer and went to court several times to fight these charges. These charges against Fitzroy were dropped last week, according to the civil complaint.

Prosecutors have since confirmed that the charges against Fitzroy were dropped. However, they refused to make any further comments until the sealing of the court file. A spokesman from the city’s law Department also refused to comment on the suit until the end of the case. Fitzroy’s lawyer did not return any phone calls seeking comments on the suit. A spokeswoman from the NYPD also declined to comment due to the pending status of the suit.

In the suit, Fitzroy alleges that she was a victim of false arrest, deprivation of civil rights, unlawful search and seizure, excessive use of force, and assault and battery. She alleges that she has suffered deep and psychological pain as a result of losing her child. Fitzroy hopes to receive monetary damages.

E-Cigarette Company Sued Due to Explosion of Product in Florida

A man from Naples, FL has filed a lawsuit after things went incredibly wrong when he used an electronic cigarette. As he used the e-cigarette, it exploded in his mouth. The explosion not only burned his face, but it also burned the soft tissue of his throat and lungs. The accident briefly left the man in a coma, but he has since awoken from the coma.

E-cigarette-law-suitThis week, Evan Spahlinger filed a lawsuit in Miami-Dade County. This lawsuit targets the companies that manufactured the electronic cigarette as well as the company that sold him the e-cigarette. Spahlinger claims that he was misled, since electronic cigarettes are constantly referred to as a safe alternative to traditional cigarettes.

Millions of people across the United States use electronic cigarettes. These products work by delivering vaporized nicotine to the user via a heated liquid solution. However, in the past few years, many questions and concerns about health and fire risks of electronic cigarettes have arose. In fact, the U.S. Department of Transportation recently made the move to ban electronic cigarettes from checked bags on flights.

Spahlinger’s lawyer, John J. Uustal, has said that this accident has left Evan permanently disfigured and in extreme mental anguish. The Floridian man choose to file the lawsuit in Miami-Dade County because the companies involved in the lawsuit conduct major business in this county.

The lawsuit states that Spahlinger purchased the “Rig Mod V.2” electronic cigarette in Naples from the Vaping Station. VapeAMP, which is based in San Diego, manufactured the electronic cigarette. The companies involved in this lawsuit refused to comment.

Spahlinger used the electronic cigarette for a period of three months. In October, the e-cigarette burst into flames while Spahlinger had it in his mouth. This caused him to inhale a substantial amount of smoke, flames, and hot air. Due to these severe burn injuries, Spahlinger was rushed to Kendall Regional Medical Center’s burn unit. Due to the internal burns, Spahlinger’s lungs and esophagus began to swell as he was rushed to the burn unit.

In order to treat his injuries, doctors placed Spahlinger in a medically-induced coma. However, according to Uustal, the man’s injuries have been deemed permanent. He will require constant and extensive care for these permanent injuries.

 

Chipotle Blamed for Covering Up Norovirus Outbreak in California

Mexican restaurant Chipotle has been in the news in recent months due to numerous outbreaks of foodborne illnesses, including norovirus and E. coli, at a few of its locations. Six students and one parent in California recently filed a lawsuit against Chipotle in Simi Valley after suffering a foodborne illness. The students and parent ended up getting norovirus after eating at the restaurant in August 2015. This class-action lawsuit is seeking unspecified damages, as well as a trial by jury.

Chipotle-lawsuitThe lawsuit alleges that Chipotle took steps to cover up a norovirus outbreak by hiding evidence before getting in touch with health officials in Ventura County. According to the lawsuit, the restaurant bleached kitchen surfaces, had employees from nearby Chipotle locations replace sick ones and threw out potentially contaminated food items. This would have made it difficult for health officials to prove that the restaurant was responsible for the norovirus outbreak.

The trouble started on Aug. 18 when a kitchen manager at the Simi Valley Chipotle location continued to handle food while experiencing symptoms of norovirus. The manager was not officially diagnosed with the illness until Aug. 20 following a doctor’s visit. Although Chipotle closed on Aug. 20 and put safety measures into effect for handling foodborne illnesses, the lawsuit claims that the corporate office failed to contact county health officials right away and did not notify customers of what had happened.

As a result of the delay, health officials weren’t able to conduct tests on food samples or take other measures to check for norovirus. The lawsuit alleges that Chipotle acted out of concern for profits instead of customers, since the restaurant was also in trouble at the time for a salmonella outbreak in Minnesota. Since then, Chipotle has also been linked to cases of E. coli in nine states and norovirus cases at a Boston location. The class-action lawsuit recently filed in California claims that at least 234 customers became ill after eating at the Simi Valley location. Chipotle is currently under a criminal investigation launched by the government over these illnesses.

 

Uber Facing Lawsuit in Death of Passenger in Miami

Popular transportation-on-demand company Uber is facing harsh criticism and a wrongful death lawsuit after a fiery crash claimed the life of a 20-year-old man in Florida’s Miami-Dade county in the early morning hours of December 27.

Shafena Mohamed and Pablo Sanchez Sr., mother and father of the man killed in the accident, filed suit in Miami-Dade Circuit Court on January 8 against the company and the two drivers involved in the crash, Uber drivers Jean Ralph Adam and Adam Shamma Chery.

 

According to the court filing, Pablo Sanchez Jr. called for a ride on the night of the 27th to take him and some friends from downtown Miami to his parents’ home in Country Walk approximately 30 miles away.

uberlawsuit

The GMC Yukon he was riding in turned sharply into oncoming traffic, flipped on its side and caught fire. Sanchez was trapped inside the wreckage and died. The drivers and other passengers escaped.

The lawsuit claims that Uber is negligent in its driver screening process and takes no precautions to ensure that drivers aren’t driving while fatigued or otherwise impaired. According to the plaintiff’s attorney, Andrew Yaffa, “Many of these drivers are using Uber to supplement their lifestyle. You may have folks that have two and three other jobs and are coming on duty late in the day. Somehow, someway there needs to be safeguards that Uber is not putting people that are on the verge of falling asleep behind the wheel and responsible for our children.”

Although thousands of Uber drivers currently operate in Miami-Dade county, the service is technically illegal because it doesn’t comply with the county’s car-for-hire regulations. Miami Mayor Carlos Gimenez and the county commission are trying to reach a compromise on differing proposals on driver screening procedures that would lead to legalizing Uber operations in the county. The final proposal is scheduled for an initial vote on January 20.

Bill Gibbons, a spokesman for Uber, had no comment on the lawsuit or company policies but said, “We are deeply saddened by this tragic accident, and our thoughts are with all those involved and their families during this very difficult time.”

Uber does carry commercial insurance on its drivers, with a policy that offers $1 million in coverage once a ride has started.

Medical Negligence Lawsuit Filed Over Non-Sterile Spinal Injections

Belleville, IL – An injection to the back of the neck that was meant to be therapeutic turned out to be anything but. Shortly after receiving the treatment, Bill Blechinger experienced pain and paralysis which spread and developed into a serious and disabling injury for which he is seeking damages.

Plantiff-injuriesHe came under the care of St. Joseph’s Hospital on the 18th of December last year. The reason for Blechinger seeking treatment is undisclosed. Court documents associated with the legal action state that Blechinger was under the care of one Dr. Alejandro J. Alvarado in March of 2015, and that on the very next day he was admitted to the emergency room at St. Joseph’s Hospital. It was at this time that a Dr. Corprew administered the injections to Blechinger’s neck. The plaintiff’s claim states that the injection was performed under non-sterile conditions and that an infection which damaged the nervous tissues of his spinal cord developed.

According to Blechinger’s claims, the infection that resulted has had a major debilitating effect on his health and wellbeing, including substantial pain from the injury to his spine, mental anguish, and physical disfigurement. Blechinger further claims that he has been permanently disabled by the infection which resulted from a poor standard of care and which amounts to medical negligence. He seeks damages for these injuries, for lost wages and income as well as the considerable medical expenses he has incurred.

The plaintiff further asserts that his injuries and the resulting disability caused by them prevent him from engaging in normal day to day activities, self-care, and work. He and his wife, Kimberly seek a minimum award of $75,000 for damages to not only the physical health detriment visited upon Mr. Blechinger and the hardships mentioned but also for their court fees and other legal expenditures which would not have been necessary had they not needed to seek damages for their losses. Among the plaintiff’s claims is included a loss of the ability to engage in physical intimacy with his spouse, bringing further mental anguish to the couple.

The defendants in this suit include the Midwest Emergency Department Services and HSMS Medical Group Inc. The lawsuit was filed on November 18 in St. Clair County Circuit Court, Case No. 15-L-661.

$150,000 of Lawsuits Filed Against Volkswagen in Multnomah County

Consumer protection attorney Tim Quenelle has filed six lawsuits from ten plaintiffs seeking a total of $150,000 in damages against Volkswagen Group of America in Multnomah County, Oregon. The lawsuits allege that Volkswagen programmed its “clean diesel” engines with sophisticated defeat software to fool emissions testing devices. Vehicles with those “clean diesel” engines carry a premium of $1,000 to nearly $7,000 more than other vehicles.

vw-emissions-softwareAlong with other data, the defeat software detects steering and throttle input and changes fuel pressure, timing of ignition and circulation of exhaust fumes. The software permits the trick engines to emit drastically lower emissions when it senses the engine being emissions tested. Once they’ve completed testing and are back out on the road, the vehicles emit up to 40 times more contamination than permitted by law. The CEO of Volkswagen Group of America admitted to the installation of the software and being “dishonest.” About 500,000 Volkswagens made between 2009 and 2015 driven in the United States with 2.0-liter turbo-diesel engines have the software. Volkswagen says all of the affected vehicles are technically safe.

As damages, the plaintiffs in the Multnomah County lawsuits are claiming overpayment for the vehicles and diminished resale value. Other damages questions will arise on performance of the affected vehicles after the emissions compliance issues are remedied. At the moment, some of the vehicles might even be illegal to drive in certain states. Some people say that they never would have bought their vehicles if they’d have known of the defeat devices.

When the engines at issue will be fixed remains unclear. There are actually three types of the 2.0-liter turbo-diesel engines, and none of them appear to have the same fix. Some will involve software, and others involve hardware. Since some engines will never be in compliance with the emissions standards of some states, Volkswagen might be required to buy back about 100,000 vehicles

Volkswagen has set aside $7 billion and earmarked it for recalls, but it acknowledges that it might need more. To start 2016, the manufacturer was sued by the U.S. Department of Justice, and it could be fined as much as $37,500 per vehicle. Owners of the engines at issue continue to drive their vehicles. It’s too early to see how their damages issues will be resolved.

Coach’s discrimination lawsuit against Kean & NCAA rejected in court

It’s a new year for new beginnings, with a former Kean University coach ending her 2015 with a dismissal in the courtroom. The former women’s basketball coach Michele Sharp filed a lawsuit against the NCAA and Kean University claiming that both parties conspired to frame her for various NCAA violations. Sharp also claimed that she was being discriminated (by both parties) due to her gender.

Michele-Sharp-lawsuit-NCAAUnfortunately, Sharp’s lawsuit held no facts regarding gender-based discrimination from the NCAA, which was in addition to being nowhere near a plausible lawsuit against Kean University (according to Judge William Martini’s opinion).

Judge Martini then dismissed Sharp’s claims filed against Kean, the NCAA, and university employees (past and present). Sharp’s allegations went on to claim that the NCAA violated federal and state RICO laws, which led to Kean University’s retaliation from Sharp due to her criticism regarding the NCAA’s violations placed against her.

Judge Martini also dismissed Sharp’s claim of malpractice that was placed against the Jackson Lewis firm, which was the law firm that represented her throughout the NCAA’s initial investigation of Kean University.

Kean University’s spokeswoman Susan Kayne stated that the university hasn’t had a moment to read Judge Martini’s ruling regarding the lawsuit. As far as the attorneys for the NCAA and Sharp, they couldn’t be reached the following day after the trial. Martin Aron, known as the local counsel for the Jackson Lewis law firm, stated the firm chooses to not comment regarding the litigation in which it is involved in.

Michelle Sharp is known as the person who took over as Kean’s women’s basketball coach in 1998. Under her guidance, Sharp re-established the team as an unstoppable Division III force. However, it was in 2012 when she was demoted to overseeing the campus weight room as allegations spread that Sharpe had violated NCAA rules. Kean University stated that Sharpe is an assistant athletic director who pulls in $92,000 a year for her expertise.

 

OxyContin Lawsuit Costs Manufacturer $24 Million in Settlement Agreement

OxyContin has been linked with drug abuse for years, and the prescription painkiller’s manufacturer is finally being held financially responsible for it. Purdue Pharma now has to pay a total of $24 million to the state of Kentucky as part of a legal settlement.

Purdue-Pharma-settlementKentucky officials sued Purdue Pharma back in 2007 after claiming that the manufacturer falsely marketed OxyContin as nonaddictive. While the drug was designed to be released gradually over a 12-hour period, it didn’t take long for some people who took it to find a way to get high from it. These users crushed OxyContin pills before taking them instead of swallowing them whole as the directions stated, making them instantly high. Kentucky officials stated that this discovery caused a large number of addictions in the state, especially among coal miners with injuries, which resulted in skyrocketing medical costs.

Although Purdue Pharma tried to settle the Kentucky lawsuit quickly with a proposed payment of $500,000, the state would not accept the offer. Instead, the state moved forward with the lawsuit, which officials believed to be worth millions of dollars or even close to one billion at the time. While the lawsuit continued, Purdue Pharma took steps to make OxyContin safer for consumers to take for pain relief. In 2010, the company released a newer version that is designed to prevent abuse.

Despite the recent settlement agreement, which was reached in late 2015, the drug manufacturer still has not admitted to doing anything wrong while marketing OxyContin. Instead, the company has been working on developing additional painkillers that deter abuse and offer safe forms of pain relief. Under the settlement agreement, Purdue Pharma must make two payments of $12 million to Kentucky. The company has a total of eight years to make these payments, which the state will then use to set up addiction treatment programs to help those who have been affected by this drug.