Archive for News – Page 86

Advocates for a Young Victim of Neglect Seek Payback from a Washington State Health Agency

It’s taken three years but the Washington state Department of Social and Health Services now faces a $27 million lawsuit for allegedly dropping the ball on this one … the victim was a blind, disabled teenager.

Heathers-teachers-quotePolice say that in October of 2012, emergency responders arrived at a home in North Bend, Washington to investigate April and Jeff Henderson; a couple who was supposedly caring for then 19-year-old Heather Curtis. Detectives say they found Heather Curtis in a room with a bunk bed, lying on the mattress with only a light blanket to cover her. Among the dirty diapers, feces, garbage, smell and flies milling about was Heather; naked except for a very soiled diaper. Investigators say they originally thought Heather was a child of 7 or 8 years old because she was extremely malnourished, emaciated and writhing in pain. Heather Curtis is blind, has spastic quadriplegia and cerebral palsy. Her teeth had decayed to the point where she, after being removed from the home, required 19 root canals. At the time of her rescue she weighted only 68 pounds.

“I remember it like it was yesterday. It was one of the most horrible things I’d ever seen,” said King County Detective Belinda Paredes-Garrett. “She was wailing and moaning a sound I’ve never ever heard and the only thing I could compare it to would be a wounded animal.”

Court documents indicate that Heather Curtis was 10 years old when her caregiver died. Jeff and April Henderson then took her in and were paid by the Department of Social and Health Services to care for the disabled child. It was in 2003 — after the Hendersons took Heather Curtis into their home — that the DSHS received complaints of negligence. In 2004, according to state documents, Heather’s teachers noted that she wasn’t bathed and would come to school smelling of feces and urine. She had bad sores and would often come to school without a coat. The following year, more and similar reports were filed by educators and then later, in 2009, teachers formally claimed that Heather was being mistreated; the child was always dirty (with feces on her bottom, especially) and her hair missing. The child was missing a lot of school and by 2010; she was no longer in school.

The state of Washington’s King county Department of Social and Health Services’ records show that for the next couple of years, employees paid an occasional — previously announced — visit to the Henderson home but never went into Heather’s bedroom. On October 17, 2012, April Henderson took Heather Curtis to Children’s Hospital in Seattle, where a nurse documented a number of concerns. The complaint was sent to Adult Protective Services and on October 25th, police and firefighters removed Heather from the Hendersons’ home.

Heather Curtis’ new guardian and their attorney, David P. Moody, have filed a $27 million lawsuit against DSHS for failing to supervise the Hendersons’ care of the disabled child. They claim that DSHS didn’t require the Hendersons to go through training and social workers did not investigate neglect complaints. The Hendersons, who, according to police, were living a rather lavish lifestyle, received $4,000 a month from the DSHS for Heather’s care. The couple pleaded guilty to 2nd degree criminal mistreatment and received a nine month sentence of home detention.

If Heather wins her case, the multi-million dollar payout — or some type for settlement — would ensure private care for rest of her life. King County detective Belinda Paredes-Garrett visited Heather nine months after the rescue, saying that the young woman had gained weight and was back in school. It was in 2013, two months after Heather was rescued, that the DSHS enacted an automated database to better track complaints. The department says it has also increased its investigation staff.

Here’s the story from King5 News in Seattle.

Athlete Injuries at School Often Go Unreported to State Officials

During an off-season drill in 2014, thirteen-year-old Logon Wyatt from Giddings Middle School suffered a serious concussion. The injury occurred when a larger student athlete lunged himself into Wyatt’s chest. Unconscious from the brute force, Wyatt fell and injured his head on the tiled floor.

Since the injury, Wyatt has spent the majority of his time at Dell Children’s Hospital undergoing physical therapy. According to his mother, Wyatt experiences great difficulty seeing and feels dizzy and nausea almost constantly. Short car rides are now sufficient to make Wyatt throw up from the nausea. Before the injury, Wyatt was a straight-A student, according to his mother. Now Wyatt is having difficulty passing the 9th grade.

change-injury-reporting-systemJessica Ryburn, his mother, filed a lawsuit against the Giddings Independent School District. The lawsuit made the accusation that other student athletes were similarly injured in the past. However, this accusation has proven difficult to verify because the school district doesn’t have records of all sports injuries. The state does not require school districts to track all student athlete sports injuries. Due to the lack of records, the Giddings Independent School District refused to respond to Ryburn’s lawsuit.

About 200,000 children suffer serious head injuries from playing sports each year, according to the study conducted by Centers for Disease Control and Prevention. However, despite this, statistics and information about student athlete injuries in Texas are difficult to come by.

The UIL monitors and regulates middle school and high school sports in the public schools of Texas. The UIL attempts to collect as much injury data as possible, but it still has a long way to go before its records can be considered comprehensive of all student athlete injuries in Texas. The only injuries required to be reported to the UIL are those associated with high school football. However, not all high schools are required to report even these injuries.

In light of Ryburn’s lawsuit, the medical community is currently striving to make changes to agency’s student athlete injury reporting system. In fact, medical professionals like Dr. Martha Python have been recommending these changes to the UIL and Texas school districts for many years. Not only will the resulting data prove useful to medical professionals, but it will also be of use to coaches and parents.

Lawsuit Filed Against Christus St. Vincent Patient Overdose Death

A representative of Rachel Cox named Joleen K. Youngers, has filed a wrongful suit against Christus St. Vincent Regional Medical Center. The suit, which was filed against the hospital and a nurse, claim that Cox died after being overdosed with epinephrine.

According to the suit, Cox went to the hospital on June 25th and died four days later on June 29th.

Cox-University-of-ColoradoCox entered the hospital on June 25th with a swollen upper lip. According to the suit, her vitals were normal and nothing about her seemed out of  the ordinary at the time. The doctor diagnosing her at the time, Dr. Jonathan Severy, ordered the nurses to give Cox .3 milligrams of epinephrine through an injection. However, the suit alleges that the nurse, Susan B. Edwards, administered 3 milligrams of the drug, ten times the amount, through an IV instead.

This lead to Cox having issues breathing and going into cardiac and respiratory arrest, the complaint alleges. Cox needed resuscitation to survive at the time.

After being brought back, Cox was transported to the University of Colorado hospital in Denver. She died there 4 days later on June 29.

According to the suit, Edwards is accused of pulling Dr. Severy aside and told him “under oath” (it is unclear what the circumstances of this is) what had happened. Dr Severy then told Edwards that the records should “reflect exactly what happened.” The nurse subsequently made an entry saying she used the IV push, instead of going the subcutaneous route, “because Dr. Severy had verbally modified his previous order to this effect.” Severy has not been listed as a defendant.

The hospital has not provided any response to the media about the suit itself. A spokesman for the hospital named Arturo Delgado did tell the media  “Our hearts go out to anyone that experiences the loss of a loved one, but we can’t comment on pending litigation.”

A few things still remain unclear. Cox has no date of birth or age listed in the law suit. Also, the relationship between Cox and Youngers also remains a mystery.

 

Lynwood Man’s Family get $8.8 million after he is killed by deputies

In 2009, Alfredo Montalvo was spotted leaving a convenience store without his headlights on. The Sheriffs’ department claim that saw him go over several lanes of traffic at a high rate of speed. Deputies then began a chase that ended when Montalvo crashed into a parked car.

Deputies exited their video and ordered Montalvo out of his car. According to the deputies account, he refused and then allegedly reached under his car seat for something and reversed his car, striking several deputies and an unmarked police car.

61-shots-firedThe deputies then claim he pulled forward and began to reverse again. Nine of the deputies opened fire, shooting 61 shots.  He was killed instantly.

At the time of the incident, the departments investigation determined that the use of deadly force was justified, because they believe that Montalvo’s vehicle was posing a direct threat to the deputies. However, in 2012, a jury disagreed with the findings and decided that this was an excessive use of force. They awarded the family of Montalvo 8.756 million dollars.

The Los Angeles Board of Supervisors decided on Tuesday November 10, 2015 to make the payment to his family. This means that the city will no longer try to fight the verdict, signaling an end of the case as far as Los Angeles is concerned.

Excessive use of force settlements have become national news after the shooting of Michael Brown and the suffocation of Eric Garner by police officers. Several other cities around the country have been paying millions of dollars in settlement money to the families of the deceased, including 1.6 million in Dallas, 5.5 million in Cleveland and 8.8 million earlier this year in LA.

The majority of this claim will be paid for by insurance, while the remaining 1.1 million will be paid for by the city itself. The city paid the money without comment.

Montalvo was a fork lift operator and also worked in security. He left behind 2 children, a daughter who was 7 years old and a son that was 4.

Former University of Oregon Basketball Player Brandon Austin files $7.5 million lawsuit

A tumultuous situation continues to unfold between the University of Oregon and former student and basketball player,  Brandon Austin. The young man has filed a lawsuit worth $7.5 million to pay for unfair treatment, negligence, emotional distress, interference with economic relations, and damages done to his potential NBA career, among other things.

For those who are yet unfamiliar with this story, it all began based on alleged incidents that are said to have occurred on March 9, 2014. Following a campus-wide celebration of an Oregon Ducks victory, a woman accused Austin, as well as two other basketball players, of rape. Just the tip of the iceberg, the players were allegedly denied due process, kicked off the team, and suspended from playing indefinitely, until he was eventually cleared in July of the same year. Furthermore, according to Austin, he was not only wrongfully accused, but he was also vehemently denied the right to defend himself.

Once considered one of, if not the most promising player in terms of a prospective career in the NBA, Austin and his attorney argue that his chances of ever making the league have been severely effected by the events surrounding his suspension. What’s more, given that Lane County prosecutors declined to officially charge the students due to the lack of substantial evidence, it can be further argued that the university jumped the gun on handing out such detrimental consequences to the players.

Following his dismissal from Oregon, Brandon Austin transferred to Northwest Florida State College. Continuing his career in basketball, coaches seem highly impressed with this player, who averages 15.8 point per game, and started in 35 of the games on a team that went on to win the junior college national title. Nevertheless, now that Austin no longer attends a division 1 school, his chances of ever reaching the NBA have been all but diminished. Given that the university settled a $800,000 lawsuit which also promised to cover housing, tuition, and other fees for the so-called victim for 4 years, it certainly calls to question why the accused, who have been exonerated, would not also receive some sort of financial compensation.

Discrimination at Breakfast : Black Lawman in Washington Forced to Prepay for Food

Imagine walking into a restaurant, placing your order for breakfast like all of the other diners, and then being told that you would be required to prepay for your meal before you could be served. When you inquire as to why, the waitress informs you it is because of a “discriminatory” policy that the restaurant has in place and apologizes. Unfortunately, this is exactly what happened when black sheriff’s deputy of Multnomah county, Brian Eason, stopped in at an Elmer’s restaurant in Vancouver, Washington one morning in December. Eason has since filed a lawsuit with the aid of his lawyer, Greg Kafoury.

discrimination-lawsuitEven though the request bothered Eason, he went ahead and prepaid for his breakfast as he was asked. However, later that day he returned to the restaurant in Vancouver to inquire about this policy that seemed so discriminatory. While he was there, he spotted a white couple seated and eating their meal and asked if they had been required to pay for their meal in advance. The couple questioned by Elson were amazed that someone would expect that they would have to prepay, according to Kafoury. Soon after, Elson, who is also a real estate agent in the Vancouver area, filed a lawsuit against the restaurant and is seeking $100,000 in compensation for what he has been through.

The restaurant chain claims that the only reason Elson was required to pay was because he sat in the lounge area where previous customers had left without paying for their food, according to their statement to the Human Rights Commission in Washington State during a follow-up investigation. However, there have been similar lawsuits in the past from black restaurant customers who were required to prepay for their  meals. Specifically, in 1994, Denny’s restaurant franchise paid out more than $54 million to thousands of  African-American customers.

There are 25 Elmer’s restaurants in four states and since the lawsuit was filed, the chain claims that the previous policies on prepayment in their restaurant locations is being changed. Elson’s lawyer Kafoury believes that this lawsuit was important to prove a point to young black Americans that they don’t have to accept wrong treatment and discrimination.

Legal Tech: A New Avenue to Legal Justice in Washington State

There’s a new option for those in need of legal services in Washington State in the area of family law.  The newly created Limited License Legal Technician (LLLT or “triple-L T”) role was designed to address the need for legal assistance for those who cannot afford a lawyer.     Washington is the first state in the country to offer this level of legal expertise, expanding access to legal assistance for our state’s citizens and making help more attainable.

LLLTs are trained and licensed to offer legal advice and assistance in family law matters, including divorce, child support, paternity, minor parenting plan modifications, and other trying family law issues that leave many people mentally, emotionally, and financially exhausted.  LLLTs are frequently compared to a nurse practitioner in the medical field.  A nurse practitioner can provide many valuable treatments that a registered or licensed practical nurse cannot – and that would be more expensive when rendered by a doctor.   Likewise, a Limited License Legal Technician is an option for those who need legal help that a paralegal is not permitted to provide, and at a lower cost than retaining a lawyer.

A LLLT cannot represent a client in the courtroom or negotiate on a client’s behalf. They can, however, help clients understand their legal options, explain the relevancy of facts, educate them on the legal process and applicable procedures, perform legal research, select and complete legal forms, and review and explain paperwork that is oftentimes voluminous and confusing.

Having taken the lead nationally on the issue of increasing access to legal services to a broader cross-section of the public, Washington State is proud to have become the home of this pioneering new frontier in legal representation.  It is an opportunity for Washington to provide a shining example by making justice a more accessible commodity. To learn more on the topic, please see What is a Legal Technician?

We would like to take this opportunity to congratulate Jen Petersen, of Shepherd and Abbott, for becoming the first LLLT in Whatcom County and the fourth LLLT to be licensed in Washington State. We’re so proud of your accomplishment.

Well done, Jen!

Apple Hit With Massive Class Action Lawsuit, Again

Apple-lawsuitJust last week on the 23rd of October, a class action lawsuit was filed in a California federal court against the Apple computer corporation. In the case entitled, Phillips v. Apple Inc., the plaintiffs claim that Apple failed to do its due diligence in advising their customers that the i0S9 contains a feature by default which is called “Wi-Fi Assist,” and that this feature will automatically and without warning cause the devices to switch over to consuming mobile data.

The feature is billeted as a connectivity protection feature as it is meant to prevent service interruptions by seamlessly engaging the switch from Wi-Fi over to mobile data. The problem arises, the plaintiffs say, where Apple chose to willfully neglect to inform i0S9 users that they would be using mobile data, or to offer them a way to disable the feature.

The plaintiffs in the litigation are contending that the i0S9’s default setting, which causes users to consume more cellular data and thereby running up much higher monthly cellular service bills, amounts to an illegal price gouge.

The  Apple company claims that the feature is designed to improve the users’ experience with their iPhones by eliminating interruptions. But the plaintiffs say Apple was not forthcoming as they should have been by making the Wi-Fi Assist feature a default and not telling customers about it up front. They claim Apple has violated both California’s Unfair Competition Law as well as its False Advertising Law.

The plaintiffs also claim that the data charges incurred by the automatic feature are excessive. Further, they assert that the unfair charges imposed on Apple’s customers add up to more than $5 million in total damages.

In response to the class action law suit, Apple has since published new instructions to its website that advise customers about the heretofore hidden feature and help them to disable it if they so choose.

The instructions read: “The Wi-Fi Assist feature is activated by default. If you do not want your iOS device to remain connected to the Internet during poor Wi-Fi connection, you have the option to disable the Wi-Fi Assist feature. Navigate to Settings > Cellular. Scroll down and then tap Wi-Fi Assist.”

It remains to be seen if the company will change the default settings in iPhones that have yet to leave the shelf.

Eugenie Bouchard Sues Over Fall on Tile at US Open

Eugenie Bouchard not only played, but won her final match at the US Open several months ago. Now, five weeks later, she’s filed a lawsuit against the United States Tennis Association and its Billie Jean King National Tennis Center. While she was attending the event, she fell in the physical therapy room sustaining a head injury as a result of the condition of the tile floor.

Bouchard-law-suitThe Incident

According to the lawsuit, on September 4th, Bouchard fell as a result of “a slippery, foreign and dangerous substance on the floor.” The lawsuit states the tournament caused the condition of the floor and failed to provide any warning about that condition. The substance was a cleaning agent that was supposed to be left on the floor overnight, during a time when the floor would not be in use. Bouchard entered the room after a late mixed doubles match and a news conference that followed.

There was no response from the tournament about the incident. However, Benedict Morelli, the attorney Bouchard hired, stated that if the organization planned to perform this type of task, they should have closed and locked the door, which they did not do.

Bouchard Still Suffering

The 21-year old Bouchard is still struggling with her injury, her attorney points out. She was forced to withdraw from a tournament in Wuhan, China as a result. The previous year, she managed to reach the final at that tournament. And, dizziness caused her to withdraw from another match occurring in Beijing. According to reports, she’s also had to withdraw from events in Tokyo and Hong Kong.

In addition to being unable to compete, the inability to play has impacted her rankings in the world. She peaked at Number 5 in 2014, but this year she has dropped to Number 39. At the time of the incident, she was at Number 25.

At the time of the filing of the lawsuit, her attorney stated that they could be seeking millions of dollars in losses as a result of the incident. However, because her symptoms are still unknown, there was not specific dollar amount listed. Additionally, the lawsuit requests a jury trial.

Woman Wins $3 Million Lawsuit in Manhattan Beach Flying Golf Disc Case

A woman from Hermosa Beach won a $3 million lawsuit filed against Manhattan Beach after being struck by a flying golf disc at Polliwog Park in 2012. Noreen Goodbody settled for this amount after losing vision in one eye when a flying golf disc hit her in the face. Goodbody, who was watching her daughter participate in a cross-country race at the time, filed the lawsuit in 2013.

 

The flying golf disc caused severe injuries to Goodbody’s eye, including a traumatic cataract and detached retina. Despite undergoing four surgical procedures, doctors were unable to restore her vision. Goodbody was out of work for four months and is unable to perform certain tasks, such as driving on freeways, due to a lack of depth perception caused by her injuries. Her medical bills ended up costing more than $202,000, and she continues to experience medical issues that might require additional surgeries.

 

flying-disc-lawsuitMost of the $3 million settlement was covered by Manhattan Beach’s risk management group policy, while the city itself paid $500,000 toward these costs. Following Goodbody’s injuries, the city took steps to limit the risk of further incidents, such as covering flying golf disc baskets during busy times at the park or when special events took place. However, a second incident occurred in 2013 when a 6-year-old boy was hit in the head by a flying golf disc, leading to life-threatening brain injuries and another lawsuit filed against the city. In 2014, City Council officials decided to close down the flying golf disc course for an indefinite period of time.

 

According to Goodbody’s attorney, David Lederer of Lederer & Nojima, the park is unsuitable for this type of sport. In fact, Manhattan Beach’s Municipal Code prohibits any form of golf games in local parks and playgrounds. Numerous complaints have been made by drivers and pedestrians since the course opened in 2005. The layout of the course requires players to throw heavy flying golf discs near benches, the park’s playground and across paths. With the indefinite closure, city is ensuring that no other flying golf disc incidents occur.