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5 Common Claims for Head and Brain Injuries

Posted by David Brown 
· July 4, 2019 

A brain or head injury is a serious disability that can cause both temporary and permanent damages. The cranial area is very delicate and should be guarded with great care. Unfortunately, untimely events or unforeseen circumstances can wreak havoc on even the best protected individual.

Car Accidents

Car accidents are very common reasons that people receive a TBI and file for injury claims. In 2014 alone, vehicle crashes accounted for over 70% of all TBI hospitalizations. Violent collisions with cars and other objects will thrash the body back and forth, jiggling the soft brain against the hard sides of the skull. Concussions, brain bleeds, and even permanent brain damage can result from these injuries.

Medical Negligence

The negligence of a medical professional can lead to a myriad of health-related issues, most notably head and brain injuries. Without proper oxygen flow supplied to the brain during surgeries, the body may acquire traumatic damage by asphyxiation. Patients slipping, falling, or being dropped by a medical worker is another common injury. Adverse reactions to medicines and drugs are another way that negligence can cause damage to delicate brain tissues. In many cases, these injuries can result in the loss of movement, personality changes, and even death.

Childbirth Brain Trauma

Childbirth is dangerous process, made worse by negligent or incompetent physicians who fail to act responsibly during labor. Newborns may acquire brain injuries through undiagnosed infections that result from improper birthing environments or procedures. Umbilical cords tangled around infant necks may asphyxiate newborns and damage their jelly-like cranial bones. When forceps or vacuum extractions are used during the birthing processes, the chances for head injuries and infections become much higher.

TBIs at Work

Brain injuries include damages received at work due to third-party negligence. This causes high medical costs, lost wages, and extended pain and suffering to the victim.

Wrongful Death

If a victim receives a death-resulting TBI, their family members are eligible to make a claim on their behalf. Wrongful Death Claims are only viable if the brain injury would have been valid as the subject of an injury case.

If you are suffering from a brain or head-related injury, speak with trustworthy attorney to begin the claiming process today.

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New Michigan Law Changes PIP Coverage Forever

Posted by David Brown 
· July 2, 2019 

The State of Michigan is well-known for its steep auto insurance coverages and costly personal injury protection requirements, or PIP. However, serving State Governor Gretchen Whitmer recently announced new bipartisan legislature with members of the Michigan government that plan to revolutionize the future of state mandated PIP forever.

Personal Injury Protection Coverage (PIP) is offered by insurance companies in the event of a severe collision requiring medical coverage. Michigan State Law mandates that insurance carriers be responsible for holding unlimited lifetime medical coverage, contingent upon certain factors that result in an assigned monthly rate. Not all States require drivers to own such exhaustive PIP coverage, and some do not require PIP at all. In fact, Washington State Law (RCW 48.22.100) affirms that motorists are not required to own PIP coverage, but can add some to their insurance portfolio if they so wish.

The new “auto no-fault” legislation will be ratified into law on July 1, 2020, available to all motorists in Michigan. Drivers are now able to specifically choose the amount of PIP they desire to carry, from unlimited coverage to a slim $50,000 option offered to those using Medicaid and health insurance plans. In some cases, residents can opt out of PIP coverage entirely.

In addition to changing coverage requirements, the law will also ban insurance company’s use of non-driving factors to determine rates, including:

  • Zip Code or City Location
  • Marital Status
  • FICO Credit Scores and Averages

This may seem like an exciting turn of events for motorists, but many attorneys and law officials are less enthused.

The legislation’s rushed timeline has made some individuals wary, unsure of the potential ramifications the law could have on the insurance industry and the safety of the consumer. Saving money on auto payments per month by lowering or waiving PIP protections may not necessarily be a wise decision should a vehicle collision occur. In fact, some drivers may no longer be able to pay for claims against them without proper PIP coverage.

Consumers from Michigan are encouraged to begin doing research now to understand more about PIP and the types of coverage they should own. For more information about this law and PIP options, reach out to an experienced official.

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Muncie Murder-Suicide Leads to Wrongful Death Lawsuits

Posted by David Brown 
· June 27, 2019 

Two wrongful death lawsuits have been filed in Delaware Circuit Court 5 by Jason Delk, a local attorney who was retained by Brandi Ritchie. Brandi Ritchie has had the suits filed against the estate of a Mr. Casey L. Ritchie, 58, who allegedly killed her mother and sister. She has been appointed as personal representative of her deceased family’s estates.

Casey Ritchie’s sister, Kathy Clary, is the personal representative of Mr. Ritchie’s estate. She has been named defendant in the suit.

The bodies of Brandi Ritchie’s mother, Denise E. Miles, and sister, Rylee Nicole Ritchie, were discovered in April of this year. Mr. Ritchie allegedly killed himself with the same gun after shooting the two women.

According to Delaware County Sheriff Tony Skinner, the case is still under investigation but there is ‘conclusive’ evidence that Mr. Ritchie shot the female victims and then shot himself. Delaware County Prosecutor Eric Hoffman has also stated that the investigation into these deaths is ongoing. Most of the interviews have been completed, but DNA tests and ballistic testing are pending. Also pending is a review of the contents of the home’s computers and cellphones.

The bodies were discovered on April 28. However, according to the lawsuit filed, Miles was shot and killed on April 25. That is three days before the bodies were discovered. The lawsuit alleges that Brandi was falsely imprisoned and abused by her father over those days before she was also shot.

The lawsuit further states that Rylee Ritchie was abused throughout her lifetime by Casey Ritchie. In its text, the suit cites hat the father’s alleged ‘unlawful and tortious conduct’ opens his estate to survival claims on behalf of Rylee Ritchie’s estate. This is in addition to compensation for the girl’s wrongful death.

A second suit filed seeks damages for Denise Miles’s death. According to this suit, a judgment is sought for the damages Brandi Ritchie sustained due to the loss of her mother’s love and affection.

Denise Miles was 45 years old at her time of death, and Rylee Ritchie was just 14 years old. An impromptu memorial with candles has been created outside of their Muncie home.

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Poor Late-Term Abortion Practice and Cover-Up Blamed for Death

Posted by David Brown 
· June 25, 2019 

The family of 23-year-old Keisha M. Atkins filed a wrongful death lawsuit against abortion practitioner Curtis Boyd and the University of New Mexico (UNM). Ms. Atkins passed away during a late-term abortion procedure, in February 2017. The family alleges that death was due to an error during procedure and that this was covered up by UNM.

The Situation

That February, Ms. Atkins turned to Southwestern Women’s Options (SWO) for a 24-week abortion from late-term abortionist Curtis Boyd. She arrived on January 31, 2017, to begin the process of the abortion. February 3, she returned with difficulty breathing and a high fever. Due to the severity of this, she was rushed to the operating room to complete the abortion – delivering the stillborn fetus after a lethal injection. After this, she went into cardiac arrest. She was transferred to the UNM hospital, passing shortly after arrival.

The Defendants

The lawsuit lists the defendants as: Curtis Boyd, SWO, UNM (branches Health Systems, Health Sciences Center and Board of Regents), and Dr. Lauren Dvorscak (pathologist).

The Claim

The plaintiffs claim the SWO is in violation of the NM Unfair Trade Practices Act by asking Ms. Atkins to not contact or consult with any medical facility or health care provider other than the SWO clinic employees. The plaintiffs further claim Dr. Dvorscak assisted with disguising the true cause of Ms. Atkins’ death by stating in the autopsy report that cause of death was natural and due to pregnancy.

The plaintiff’s attorney, Michael Siebel, said “Keisha Atkins’ medical treatment was a series of negligence and malpractice which ultimately led to her untimely death-these actions were compounded by the fact that she was instructed to not seek emergency room care by Southwestern doctors.”

UNM’s Response

A UNM spokesperson stated the UNM hospital and providers maintain a high-quality standard of excellence for all New Mexicans, but that – due to litigation protocol – they are unable to make any comments regarding the allegations and will honor all obligations to protect patient privacy.

The NM Medical board is independently launching an investigation into Curtis Boyd and determined it necessary to conduct further review to determine if a violation of the Practice Act did, indeed, occur.

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Tragic Wrongful Death Story Continues

Posted by David Brown 
· June 20, 2019 

The ongoing story of the wrongful death lawsuits being filed against one medical institution and a doctor continues with yet another case. This is the 30th filing of such charges, stemming from a patient in 2017 that was treated by the aforementioned, Dr. William Husel.

Mount Carmel Health System, the medical institution being charged along with Husel, according to the alleged charges, issued lethal doses of fentanyl. This occurred, based on the filing, following an initial visit for a broken toe.

The patient named in the wrongful death charge, Danny Mollett, was then diagnosed with hypertension and diabetes. It was in December of 2017 when Mollett was admitted to the ICU under the care of Dr. Husel, for issues related to peripheral vascular disease and a gangrene infection in his toe.

Citing the lawsuit, the charges claim that, ” Mount Carmel failed to prevent massive doses of CNS drugs such as Fentanyl from being accessed by nurses utilizing the AMDS system. A properly programmed AMDS system would deny a request for an excessive dosage of Fentanyl, and the machine would not permit any trays to be opened. “

The most shocking charges according to the lawsuit allege that Dr. Husel directed that 1,000 micrograms of fentanyl be administered. Medical experts suggest the maximum dosage for Fentanyl not exceed 100 mcg. What makes this story even more frightening is that the lawsuit also states that the drug was to be given by “…IV push all at once over the period of three to five minutes.”

To record, there have been 35 patients who have died under the care of Dr. Husel between the years of 2014 to 2018. Husel was indicted earlier this month on 25 counts of murder tied to the 25 patients who allegedly received 500 mcg of fentanyl or more.

Mount Carmel, following its own internal investigation, dismissed Dr. William Husel due to concerns raised over patient care. The hospital has made a public apology and has made internal changes to restrict such access to these types of drugs. They have also retrained the entire staff in addition to paying out more than $4 million in settlements.

Husel has pleaded not guilty and speaking on his behalf, criminal defense attorney Richard Blake said that these accidents were unintentional. Perhaps, even for the sake of the victims, we all hope so.

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Multi-Million Dollar Verdict Against Tobacco Company Overturned

Posted by David Brown 
· June 18, 2019 

A Florida jury has cleared the R.J. Reynolds Tobacco Company of a previous wrongful death ruling that originally would have cost the company $23.6 billion.

In a July, 2014 verdict that attracted national attention, an Escambia County jury awarded Cynthia Robinson that multi-billion sum for her husband’s death. Michael Johnson, Sr. passed away from lung cancer in 1996. According to his widow, he began smoking at around 13 and died at 36 years old. During this trial, Cynthia Robinson’s legal team argued that the tobacco company was negligent in informing customers like Johnson about the risks and harmful effects of smoking tobacco cigarettes.

The $23.6 billion verdict was one of the largest damages ever awarded in wrongful death tobacco cases. The tobacco company’s vice president Jeffery Raborn responded to the original ruling by declaring the damages grossly excessive and unconstitutional. R.J. Reynolds’ legal team filed post-trial motions and those damages were later reduced to a still substantial $17 million of compensation.

As of June 25, both the company’s spokesperson and Cynthia Robinson’s attorneys have not commented on this latest development in the case. Mrs. Robinson’s attorneys can still appeal this ruling.

This was the largest but not the only wrongful death lawsuit that the R.J. Reynolds Tobacco Company has lost. However, this company has also had success appealing some of these cases. For instance, earlier this year the same legal team from Jones Day that worked on this case cleared the company of a Massachusetts wrongful death suit. In March, R.J. Reynolds also appealed a $14.7 million verdict for the death of a South Florida. That sum was eventually reduced by 30 percent.

R.J. Reynold’s legal entanglements will likely continue as thousands of lawsuits have filed against multiple tobacco companies over the last ten years. These so-called “Engle progeny” cases stem from a Florida Supreme Court ruling in 2006. That ruling established critical findings about the dangers of smoking tobacco and misrepresentation of those risks by cigarette makers. In part, it said that smokers need only prove that there was an addiction and that smoking caused illness or death. This has created a clear path for individuals seeking wrongful death compensation from tobacco companies.

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ACLU Doubles Down Against Pennington County Sheriff

Posted by David Brown 
· June 13, 2019 

TransCanada’s Keystone XL pipeline has been a controversial undertaking. A number of citizens in the United States and Canada have protested this pipeline’s construction. One of the widest publicized protests occurred in South Dakota, attracting international attention to this issue.

South Dakota’s Republican Governor Kristi Noem and Attorney General Jason Ravnsborg signed a pipeline protest bill package in March. This occurred before TransCanada’s anticipated start date for Keystone XL pipeline construction. One controversial facet of this bill package is the application of civil penalties for ‘riot boosting.’

Riot boosting is broadly defined as encouraging protesters to engage in violent acts as part of the protest. However, on March 28 the ACLU filed suit arguing that this bill package, as well as two preexisting riot statutes, are too broad and vaguely defined. The union alleges that it is unconstitutional and in violation of First Amendment rights to free speech including protests.

At the center of this argument stands Pennington County Sheriff Kevin Thom. He is a defendant of the case who has filed a motion on April 23 to be dismissed from the proceedings. According to Sheriff Thom, the anti-riot and pipeline protest laws are applied at the state and not at the county level. As sheriff of Pennington County, he argues that this legal question is outside of his jurisdiction and that he should not be involved in this case.

The ACLU has responded that Sheriff Thom is responsible for enforcement of the laws at his discretion. Multiple Keystone XL protests are expected to occur during construction. Since most of these protests are anticipated in Pennington County, it is likely that Sheriff Thom will be involved in enforcing the riot boosting bill. Therefore, the ACLU argues that the Sheriff is an appropriate defense of the suit.

Sheriff Kevin Thom is not the only one who objects to the ACLU’s lawsuit. Both Governor Kristi Noem and Attorney General Jason Ravnsborg have requested a dismissal of the suit. They argue that the laws that they have passed are, in fact, fully constitutional.

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Pension Claims Filed Against Newark’s Roman Catholic Archdiocese

Posted by David Brown 
· June 11, 2019 

The Roman Catholic Archdiocese manages a number of local hospitals in Newark, New Jersey through their Cathedral Healthcare System. On May 7, 2019, class claims were filed against the Archdiocese. These claims were made by former employees of several Newark hospitals. Chief among the claims is an allegation that the Archdiocese has deprived payment of over $2.7 million dollars in employee pension plans. This payment would have applied to approximately 135 employees of the hospital.

The three plaintiffs filing this complaint are Richard Salvia, Alveira Dillard, and Virginia Coleman. According to the plaintiffs, the Archdiocese was supposed to sponsor pension plans to employees of their healthcare system. These plans include the St. James Hospital of Newark Retirement Income Plan, also known as the “SJH Plan.”

The plaintiffs allege that the fund was mismanaged. Due to poor planning on the Archdiocese’s part, the SJH Plan was depleted by November of 2017.

In earlier years, SJH Plan fell under the federal Employee Retirement Income Security Act of 1974 (“ERISA”). In 1990 the Archdiocese petitioned to have ERISA requirements removed. The defendant claimed that the SJH Plan was a “Church Plan.” The IRS responded with a private-ruling letter granting the request to release the Church from ERISA requirements. However, hospital employees were not informed of this change.

In their suit, the plaintiffs allege that the fund was mismanaged. They argued that the Archdiocese was aware that the SJH Plan did not have enough money in it to pay for pensions over the lifetimes of the class members.

Named plaintiffs seek to represent a class that includes all employees of the Archdiocese who participated in or were beneficiaries of the SJH Plan but have not received monthly pension payments. The suit’s official claims include breach of contract, breach of fiduciary duty, and promissory estoppel.

The Archdioceses reported $565 million in total assets, $263 million in net assets, and $51 million in revenue in 2017.

Further details of the case can be found by looking at the case which is titled Richard Salvia et al. v. The Roman Catholic Archdiocese of Newark, New Jersey, Case No.: L-3418-19, in the Superior Court of New Jersey, County of Essex.

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Washington state resort owner investigated second time by EEOC for sexual harassment

Posted by David Brown 
· June 6, 2019 

The Equal Employment Opportunity Commission (EEOC) opened a second investigation into resort owner Perfil “Pete” Cam on May 20, 2019, according to an article in The Columbian.

According to legal documents, Cam subjected female employees of Bonneville Hot Springs Inc. and Carson Hot Springs Resort LLC to numerous types of sexual advances, including unwanted kisses, hugs, rubbing, touching their breasts and pressing against them, in some cases with his erect penis. He also made lewd sexual comments, propositioned them sexually and made remarks about their bodies and clothes.

The complaint filed in the US District Court in Tacoma specifically names female employee Holly Nelson but was filed on behalf of all female employees at the two resorts. Nelson left her position as a massage therapist at Bonneville Hot Springs Resort in 2016 to escape the unwanted sexual harassment, she states in a lawsuit she filed in January in Skamania County Circuit Court. The descriptions of treatment detailed in Nelson’s lawsuit dovetail with those described in the EEOC complaint filed this year.

The EEOC previously investigated the two resorts and Cam in 2008. In EEOC vs. Bonneville Hot Springs, Inc. six female employees filed complaints of sex discrimination against the company and its owner, Cam, and the Food and Beverage manager, Kenneth Favela. Three of the six women filed complaints against Favela – Christine Sibbert, Heather Gibbons and Kista Larson.

That case resulted in a $470,000 award to the plaintiffs in the sexual harassment and retaliation case. That case uncovered rampant sexual harassment in the resorts that extended beyond Cam and Favela, including the executive chef of Bonneville.

Even EEOC officials referred to the level of sexual misconduct in the 2008 case as “shocking.”

In an interview after the court decision, Mike Baldonado, acting director of the EEOC’s San Francisco District Office called the Bonneville behavior “inexcusable,” but felt sure that the findings and punishment of the EEOC case would end the problems.

“The treatment that these women experienced by the owner was inexcusable. I am glad the EEOC was able to ensure that the company has protections in place so this will not happen in the future,” Baldonado said in a 2008 interview.

The 2019 case alleges that Cam continues the same practices. He regularly grabs “female employees’ hands, arms, and/or wrists and did not let go,” the women said in the complaint. In one woman’s experience he “pressed his erect penis up against” her. He caresses and pulls female employees’ hair. According to the court filing, Cam avoids having the behavior caught on the resorts’ video surveillance cameras by requiring its female employees to meet him in areas of the resort not covered by the surveillance system.

One employee interviewed by The Columbian, the housekeeping manager for the Carson Hot Springs resort, Katarina Molodih said she had not observed Cam behaving in such a way. She has worked at the resort for two years.

“It’s not true. Pete’s a nice guy. He’s just a good guy. I don’t believe it. I’ve worked here for more than two years and I’ve never seen anything like that.”

Some employees of the resort knew of the original complaint and had expected it to provide a safer set of working conditions. The current, second EEOC complaint seeks a jury trial. The current plaintiffs want a verdict that forces the resort to enforce EEOC policies to provide a workplace free of sexual harassment and that provides equal opportunity. Nelson’s lawsuit seeks monetary compensation for the female employees of the two resorts for “emotional pain, suffering, and loss of enjoyment of life.” It also asks for back pay with interest.

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Overland Park hospital doctors sexually harassed multiple employees, lawsuit says

Posted by David Brown 
· June 4, 2019 

An individual who used to work at an Overland Park sports medicine clinic is suing the company responsible for managing it. The former employee claims that she was sexually harassed repeatedly by a surgeon, according to court documents.

According to the lawsuit, a Kansas City Spine and Sports Medicine Center former medical assistant complained to management that Glenn Amundson sexually harassed her and made sexual comments in front of employees and in the office. Glenn Amundson is the defendant in the case and a surgeon at the practice.

Amundson was contacted by The Star Saturday. He declined to comment. The Kansas City Spine and Sports Medicine Center recently reported that Amundson is no longer working with the company.

The lawsuit was filed on April 23. The lawsuit says that Amundson pulled the hair of the medical assistant, picked her up, and touched her hips, waist, and buttocks while she was working. Even though multiple complaints were made, no action was taken. The Star usually does not identify the victims of sexual abuse without their consent.

The woman later reported that Amundson pressed his groin into her buttocks and grabbed her hips. After this incident was reported, a management employee later witnessed a similar incident and reported the incident to human resources, according to the lawsuit.

The lawsuit claims that other women in the office have made similar complaints about touching by Amundson and sexually offensive comments.

However, the human resources department decided that the medical assistant should transfer out of the office. The woman who filed the lawsuit suggested that Amundson should be made to transfer or leave instead.

Human resources started the process to transfer the medical assistant out of the office despite her protesting that she loved her job and got along well with the other doctors, according to the lawsuit.

The lawsuit says that the human resources department made working conditions for the medical assistant “so intolerable that no reasonable person … would have continued working in the center.”

Due to this, the medical assistant was “constructively discharged” and no longer works for the company. Based on the lawsuit, it is uncertain what “discharged” refers to and it is uncertain whether the woman chose to leave voluntarily.

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