Archive for wrongful death – Page 3

A Mother Sues Healthcare Providers over Son’s Death

HOPE Clinic pharmacies were sued by a mother who believes doctors at the clinic over-prescribed opioid medications to her son leading to his death. In a lawsuit, Inez Lewis said her son, Timothy Jason Lewis, who died on May 4, 2017, after overdosing, was introduced to drugs through negligent doctors’ prescriptions.

Inez claims that doctors at HOPE Clinic filled prescriptions despite suspicious prescription activity that violated the West Virginia Medical Professional Liability Act. The defendants in the lawsuit include; Cross Lanes Family Pharmacy Inc., four employees of HOPE Clinic, and Poca Valu-Rite Inc.

One of HOPE Clinic owners, James Blume, was among 12 people indicted in February for purportedly operating a pill mill at the clinic. Inez Lewis filed the lawsuit in Kanawha Circuit Court on June 29 on behalf of her son’s estate. This filing came four months after physicians, owners, employees, and managers at HOPE Clinic were accused of federal charges citing distribution of illegal substances.

The HOPE clinic team were accused of distributing Schedule II controlled substances, including oxycodone, outside their legal and intended medical purposes from November 2010 to June 2015. Their trials were rescheduled to November 5 from the original April dates presided at the Beckley courthouse by U.S. District Judge, Irene Berger.

The United States Drug Enforcement Administration rates all drugs on a five-tier system. Schedule I drugs have no medicinal use and are highly addictive while Schedule V drugs have low addiction capabilities, and commonly used in the treatment of common ailments. Inez Lewis said that the physicians started prescribing her son methadone and oxycodone in 2014.

Both drugs are strong painkillers but are highly addictive and quite lethal as stated in Inez’s lawsuit. None of these drugs were medically necessary for Timothy Lewis, and they contributed to his opioid addiction whose overdose ultimately caused his death. No defendant in the lawsuit reported the “suspicious prescription activity” to any federal regulatory agencies.

Timothy Houston of Brown Houston PLLC in Charleston represented Inez Lewis. The case was assigned to Judge Duke Bloom. The clinic had locations in Wytheville, Virginia and Beckley, Charleston, and Beaver in West Virginia. In February 2015, HOPE Clinic in Charleston closed down after West Virginia Office of Health Facility Licensure officers decided the clinic was risking patient lives.

Clinic’s branch in Beaver was also shut down with similar reports of narcotic auditors. The 12 defendants are faced with multiple charges including maintaining drug-involved premises, conspiracy to commit money laundering, distribution of controlled substances, and conspiracy to distribute oxycodone.
All defendants pleaded not guilty to these charges. Dr. John Pellegrini, a doctor at the Beckley HOPE Clinic is also charged with conspiracy to commit money laundering. He pleaded guilty in April and faces a jail term of up to 20 years in federal prison.

According to Federal prosecutors, HOPE Clinics operated in a cash-based business set up. They never accepted insurance for compensation for medications and services offered. According to the indictment, the clinic received at least $21 million from patients in cash payments from 2012 to 2015. It is alleged that clinic owners contracted physician’s services who knew nothing about pain management.

The physicians also conducted incomplete, cursory, or no thorough medical examinations of patients on many occasions. Inez Lewis, through the lawsuit, seeks unstipulated compensation for damages. She wants compensation for emotional distress, expenses arising from her son’s care and treatment, mental anguish, funeral expenses, and the loss of her son’s advice, guidance, comfort, and companionship.

Inez also seeks court costs and attorney’s fees together with all punitive damages against the defendants.

Family Sues a Florida Hospital Memorial Doctor for Medical Malpractice

Two years ago, Kylie Danielle Truax, a 14-year-old teenager fell ill in Daytona Beach. She complained of feeling weak and having pain in her arms and shoulders. Her father took her to Florida Hospital Memorial Hospital Centre where Dr. Lana A. Elder admitted her to an emergency room. Unfortunately, Kylie passed away four hours later. Stacy Truax, Kylie’s mother, sued Dr. Elder and Florida Hospital for malpractice.

What transpired before Kylie’s Demise?

Shortly after admission, Kylie developed severe anxiety which affected her breathing. Her heart rate rose dramatically. Dr. Elder didn’t recognize any symptoms of heart failure. Instead, she administered intravenous fluids to Kylie which exacerbated the teenager’s breathing complications.

Kim Bouck, Kylie family’s attorney accused Elder of treating the teenager for sepsis. She listed sepsis as a possible sickness in her diagnosis. However, she didn’t include myocarditis.

Case Proceedings

Kim said that hospital tests performed produced unusual results for Kylie’s heart. Nevertheless, Dr. Elder didn’t prescribe the right medication. Kim argued that Elder ought to have known that heart and lungs are highly susceptible to intravenous fluids in such a scenario.

In response, Lindsay Cashio, the medical center’s spokeswoman stated that she had no comment on the litigation. She cited patient privacy statutes and claimed that Dr. Elder was no longer an employee at the Florida Hospital.

However, in a court statement, Larry D. Hall, the hospital’s lawyer denied that Dr. Lana was at fault. He further stated that myocarditis caused Kylie’s death. She developed the health condition several days before she was admitted into the medical facility. He claimed that medical personnel took appropriate actions to save the minor’s life.

The News-Journal send several emails to Dr. Lana concerning the lawsuit in Volusia County Court but she didn’t respond. Her attorney, Howard Citron declined to comment on the ongoing litigation. In another court document, Citron stated that DR. Elder wasn’t at fault, that she adhered to the Florida law on standard healthcare.

Past Accusations

In the recent past, the Michigan Attorney General’s office had questioned Dr. Elder regarding her painkiller subscriptions. The Michigan Board of Medicine’s disciplinary committee placed her on one-year probation on March 14, 2018.

Elder moved to Florida from Michigan in 2009. Between July 2014 and October 2015, she worked as a part-time doctor. Elder attended to patients two twice per month. From September 2014 to November 2015, she administered vast quantities of controlled substances several days in a month. Elder issued 1,744 subscriptions within ten months most of which comprised oxycodone.

Defendants

EmCare was the defendant in the lawsuit. During Kylie’s demise, EmCare offered emergency room staff for the medical center. Cashio said that the firm no longer transacts with Florida hospital.

 

Joe DiMatteo’s Family Sues West Penn Hospital for His Death

A family in Allegheny sued West Penn Hospital and four doctors for the death of Joe DiMatteo. They claimed that the medical personnel’s malpractice led to the death of their loved one.

Joe DiMatteo Health Condition

Joe DiMatteo, a resident of Allegheny County, suffered from acid reflux for a long time. DiMatteo ran health care podcast for hour-long sessions. When his condition deteriorated, he conducted thorough research on viable treatment options.

Joe chose a device that prevents acid from reaching an individual’s esophagus hoping it would allow him to continue with the podcast as he monitored his family’s pharmacies in Pittsburgh.

On March 21, 2017, Joe underwent minor surgery in West Penn hospital. The surgery involved implanting the medical device. Over the next few months, certified doctors in the hospital did gross malpractice which led to Joe’s demise on June 15, 2017, at the age of 61.

Compensation Lawsuit

In the lawsuit, Mary DiMatteo, Joe’s daughter asked for compensation for her father’s death. Mary was the executor of Joe DiMatteo’s property and the lead plaintiff in the case. Nevertheless, Dan Laurent, West Penn hospital’s spokesman stated that the hospital had no comment to make on the matter.

In the hearing, Mary explained how Joe struggled to eat after the surgery. As a precautionary measure, he avoided food which exacerbated his condition including pasta sauce. With time, the acid reflux adversely affected his voice. He was concerned about his clarity during the podcast.

He visited West Penn Hospital in 2017 and consulted doctors on the best medical treatment options available. Occasionally, he met with Blair Jobe, AHN’s Esophageal and Lung Institute’s director, surgeon Yoshihiro Komatsu, Dr. Fahim Habib, and Dr. Kevi Christopher. They were defendants in the lawsuit.

According to the lawsuit, Joe DiMatteo instructed Dr. Christopher and Dr. Komatsu to insert the LINX Reflux Management System to prevent acid from further damaging his esophagus. The LINX system, a little bracelet of magnets is a useful technique in treating acid reflux. The device closes the sphincter area of a patient by adjusting its titanium beads.

Shortly after installation, the device seemed to operate well. However, after a few days, Joe started having trouble swallowing. A month later, he went back to West Penn hospital for an X-ray which revealed that the bracelet had shifted upwards from its initial position.

Joe DiMatteo’s Demise

On April 25, 2017, Joe went to West Penn to undergo surgery to remove LINX device. Dr. Habib and Dr. Komatsu implanted another device. During the surgery, doctors damaged his lymphatic system, causing chyle leak.

He made routine check-up visits at the hospital until June 12, 2017, when he underwent another surgery. Unfortunately, during the operation, Dr. Komatsu cut Joe’s descending aorta. According to the lawsuit, stopping the bleeding was an uphill task since he had been on coagulants.

DiMatteo was placed on life support when his situation worsened. He died three days later after his family agreed to remove him from life support.
Since their father died, the DiMatteos have carried on the pharmacies and podcasts by running Joe’s old shows. Sadly, their mother passed on five months later.

Today, Joe Jr. heads the company and is the lead pharmacist. The company has branches in Oakmont and Penn Hills. Dante also works with the company after graduating with a degree in Pharmacy while Mary handles accounting duties.

A 12 Year Old Who Was Forced To Hug Bullies at School Commits Suicide

According to her parents, Mallory Grossman was bullied at school by classmates through text messages, Snapchat messages, and Instagram posts. Unfortunately, she could not handle it and she committed suicide on June 21, 2017. A year later, Grossman’s parents have decided to sue the Board of Education together with the township itself. Allegedly, Copeland Middle School never took significant action despite the parents’ repeated complaints.

Messages of the lawsuit were left for Superintendent Greg McGann together with the school district’s offices but were not returned immediately. Attorney John Laciofano of Rockaway’s township told the NJ Advance Media that a complaint had not yet been served to them. Laciofano pointed out that the matter would be passed on to Rockaway’s insurance carrier.

Attorney Bruce Nagel of Nagel Rice is representing Grossman’s parents, Dianne and Seth Grossman. He is famous for securing huge settlements and jury awards that amount to millions of dollars. According to him, this lawsuit was the first to be filed in New Jersey in relations to cyber-bullying suicide. Nagel said that they have not yet sued the families of the children who bullied Mallory. However, they have been notified of the possibility of a legal action. Nagel said that they still don’t know the status of the investigation despite it being investigated by the prosecutor’s office.

The Grossman family claims that the school failed to adhere to the state’s anti-bullying statute. They claim that the school officials suggested Mallory should avoid her bullies by having lunch in a guidance room instead of the lunchroom. In an attempt at reconciliation, she was then forced to hug her harassers.

Since the tragic loss of her daughter, Dianne Grossman has been an anti-bullying advocate through the Mallory’s Army group. She has expressed how impossible it has been to recover from Mallory’s death but is grateful for the community’s support.

Following the controversies surrounding Mallory’s death, McGann announced he would resign on 1st July. At some point, the Grossmans’ claims were called categorically false by the township’s Board of Education.

In the lawsuit, the complaints want the court to determine punitive damages and an unspecified compensatory.

 

High School Football Player Collapses and Dies After A Strenuous Training Session in Summer Heat

Lewis Simpkins, a 14-year old student at River Bluff High School collapsed and died after a two-hour and 15 minutes training session in 95-degree heat. This practice session was a punishment by the River Bluff High School football team for performing poorly in a match played the day before. The training session, ordered by the school’s football coaches, comprised of a series of sprints and other strenuous workouts with regular water breaks every 15-20 minutes.

 

Family Lawsuit

 

The parents, Willie and Shonda Simpkins, filed a lawsuit seeking unspecified damages for wrongful death. According to the Simpkins family lawsuit, the 6-foot-2, 270-pound defensive tackle collapsed in the high school’s locker rooms minutes after the training sessions. According to fellow teammates, Lewis was struggling throughout the training session and often had to stop and gasp for air. Just when the players thought that the strenuous training session was over, the coaches ordered the defensive players to perform ‘up-downs.’

 

It’s during this drill — where players assume a push-up position on the ground and then bring themselves up to their feet repeatedly — that Lewis’s body gave in to the pressure. After several up-downs, Simpkins leaned on one knee and could not get up. The coaches kept yelling constantly for the players to get up. Simpkins performed one more up-down but couldn’t find the strength to get up. He was moved to the training room where after answering a number of questions, became unresponsive.

 

Pre-Existing Heart Conditions

 

According to Margaret Fisher, the Lexington County Coroner, Lewis Simpkins succumbed to pre-existing heart conditions which were worsened by the extreme heat and humidity during the training session. The lawsuit filed by the family says that the River Bluff High School students were pushed too far in the training sessions without the necessary equipment to protect them from the extreme summer heat. In the lawsuit, the Simpkins family accuses S.C. Board of Education, S.C. High School League, Lexington County, and the Lexington 1 School District for failing in the adoption and enforcement of policies meant to protect the players in extreme weather conditions.

 

Walgreens Facing a Lawsuit over Seizure-Related Death of a Teen

A family has filed a lawsuit against Walgreens following its alleged negligence that led to the death of their 19-year-old girl. They argue the prescription could not be filled without express permission from her insurance carrier.

On June 7, the Massachusetts top court said that pharmacies owe a legal duty of care to their customers. Pharmacies must take reasonable steps to notify customers and their prescribing doctors of the need to seek authorization from their insurance companies every time they want a prescription refill.

Speaking to Bloomberg Law June 8, the family lawyer, Thomas M. Greene of Greene LLP had something to say. He says that this marks the first decision in the US to recognize a duty in the underlying circumstances. Walgreens refused to comment on the decision.

Why Is a Prior Notice Important?

Judge Barbara A. Lenk wrote for the court. Health insurance companies require that the prescribing doctors submit authorization forms that prove the medical importance of certain prescriptions and their cost-effectiveness,

Lawyer Greene argued that it’s vital to make sure the doctors are notified. He went on to add that a physician is the only one with the necessary qualifications to fill the prescription pre-authorization paperwork.

An advocacy group that represents the wellbeing of the Massachusetts low-income residents in need of proper health care agreed with Greene’s sentiments.

In a statement sent by its lawyer, Wells, G. Wilkinson, the Health Law Advocates in Boston argued. They asserted that the duty to share the said information with their customers’ physicians would help streamline the communication between professionals without leaving out the patients.

Additionally, the advocacy group filed a brief supporting the lawsuit filed by the family against the pharmacy.

The court said that prior authorization was crucial so Yarushka Rivera could obtain insurance coverage for the life-threatening seizure control medication, Topamax. Besides court added that Rivera couldn’t afford the medication without insurance meaning she didn’t take the medication months before suffering fatal seizures.

In a summary judgment for Walgreens, a trial court argued the pharmacy had no duty to notify Rivera’s physicians regarding the need to seek authorization for the prescription.

The Supreme Judicial Court Reversed the Trial Court’s Ruling

When reversing the initial ruling on the case, the supreme judicial court said the new notification duty is limited. That would mean the pharmacy was not under obligation to follow up on its own, confirm that the prescribing physician received a notification or had completed a prior notification form.

But Justice David A. Lowly differed asserting that majority imposed a ‘nebulous duty’ on drugstores to notify the prescribing physicians that authorization is required for particular medications to obtain insurance coverage.

The American Association of the Justice, the country’s largest plaintiff lawyers group, is in support of the family’s position.

Lawsuit Claims First Responders Delayed Rescue of Fallen Mount Hood Climber

John Thornton Jenkins ascended Mount Hood on May 7, 2017. Located approximately 50 miles east of Portland, Mount Hood rises 11,249 above sea level as one of the prominent summits of the Cascade Range in Oregon. As Jenkins, a 32-year-old experienced mountain climber approached the Pearly Gates area near the summit around 10:40 a.m. he lost his footing and fell nearly 600 feet along the snow-covered terrain. He came to a rest in an area known as Devil’s Kitchen, a high, remote, and cold area on the mountain face.

Jenkins landed in an area difficult to reach. In intense pain, he immediately needed emergency services. Another climber came to his side within eight minutes and called 911. They awaited the arrival of a rescue team. With Jenkins suffering and in terrible pain, every moment lost made the situation worse.

In a $10 million lawsuit filed by members of his family, they claim that emergency personnel mishandled the 911 call. The delay that resulted from these missteps contributed to Jenkins’s death. A 911 dispatcher routed the call to the Clackamas County Sheriff’s Office. An employee there mistakenly told the person who made the call to contact the ski patrol teams at Timberline Ski Resort, even though Jenkins was a climber, not a skier, and on a different part of the mountain far above and away from any ski areas

Nearly 45 minutes after Jenkins first fell, a staff member at Timberline called 911 and they were directed back to the Sheriff’s Office. This series of delays kept first responders from requesting a rescue helicopter from the Oregon Army National Guard until 12:29 p.m. The helicopter did not reach the scene until 3:11 p.m. When rescuers tried to fasten Jenkins to the basket, his lungs started to fail and he perished.

The lawsuit claims that judgment errors led to a delay of more than four hours between the time of the fall and the arrival of the rescue team. The dispute involves disagreements about whether ground crews could have arrived more quickly and whether various agencies handled these calls with enough urgency. Even though the helicopter arrived very quickly after getting the call, the delays beforehand certainly complicated the situation.

An Ex-Trooper Is Ordered to Pay $6 Million for A DUI Death

A Common Pleas Court judge in Bucks County has ordered an ex-trooper to pay over $6million in damages to Robin T. Williams, a 21-year-old woman in Philadelphia who was killed when her car was hit by a truck in 2012. This pickup was driven by a Pennsylvanian trooper who was already off-duty. The ex-trooper later pleaded guilty to involuntary manslaughter and driving under the influence.
This ruling was provided on Wednesday by Judge James M. McMaster asking Barry Searfoss to pay a total sum of $6.26 million for compensatory damages, including compensation for punitive damages totaling to $100,000 to Robin T. Williams estate.
The defense attorney who represented Searfoss during the case, Athena Pappas, refused to say if Searfoss would consider appealing this ruling.
The former ex-trooper Searfoss of Coatesville was sentenced to 6-23 months in prison in 2014. The 46-year-old had served 5 months when he was released for good behavior as stated by Raymond Bily Williams’s estate lawyer. Searfoss was off duty when he became intoxicated after attending a charity event on May 18, 2012, at the municipal golf course in Warminster. After a blood test, it was concluded that Searfoss’ blood had 0.08 percent of alcohol content which was twice the set legal limit for driving. The event was held in memory of a woman who was slain by a drunk driver.
On that fateful night, Mr. Searfoss was driving his Toyota pickup truck on the Pennsylvania Turnpike’s westbound side at Willow Grove. His truck crashed into a Lincoln Town Car’s rear, a car that Williams was driving. The Town Car, which was manufactured in 1997, had suffered an engine failure and Williams was driving it at about 11mph on the left lane. Williams died of burns, smoke inhalation, and blunt-force injuries. Searfoss was driving the truck at 71 mph.
Williams was a college student who offered services as a caregiver in a retirement home in Warminster at the time of her demise. Even though Warminster was also sued, it was removed as the case’s defendant due to an immunity statute.

 

Family of Golfer Killed by Tree Branch Sues Resort for Wrongful Death

Golf is a passion for many and a great way to get exercise in a relaxed atmosphere. While it is possible to get injured while playing, this usually consists of a pulled muscle from overswinging or being struck by a ball when someone fails to yell “Fore!”

But there are many hazards on a golf course that few people think about. Unfortunately, a 71-year-old golfer in Palm Springs, CA, found this out the hard way, and his family is suing the golf course for wrongful death.

On March 30, 2017, David Hamaker had finished most of a round of golf at the luxury Tahquitz Creek Golf Resort in Palm Springs. While relaxing in his golf cart near the 17th hole, he was struck by a falling tree branch. The Black Butte Ranch, Oregon resident was rushed to nearby Desert Regional Medical Center, where he was diagnosed with a severe fracture dislocation of the cervical spine. Although he underwent surgery to repair the injury, he passed away a week after the incident occurred, on April 7th. The cause of death, as stated on his death certificate, was “sequelae (damage or trauma caused to the site of a previous injury or condition) of blunt impact injury of the neck.”

The family of Mr. Hamaker is suing Tahquitz Creek Golf Resort for unspecified damages, alleging negligence on the part of the course’s owners. The suit declares that the owner’s inattention to the upkeep of trees on the property allowed them to fall into a state of disrepair. Citing recent windy weather, which may have exacerbated the situation, the suit further alleges that the owners abdicated their duty to warn golfers of the peril caused by the damaged trees. The suit seeks to remove the concept of “An Act of God” from the proceedings by placing the blame squarely on the owners of the course. The Hamaker family is also suing the City of Palm Springs for unspecified damages. The specifics of the suit against the city are unknown at this time.

Representatives for Tahquitz Creek Golf Resort and the City of Palm Springs have yet to respond to the lawsuit.

Boy Decapitated on Water Slide

In an effort to get the record for having the world’s largest waterslide, the Schlitterbahn Waterpark in Kansas City rushed through the building of a ride that was as structurally complex as it was dangerous. They ignored all the “red flags” with regard to safety, and they used crude methods instead of performing proper calculations. This act of negligence resulted in the death of a 10-year-old boy and more than a dozen injuries. The boy was decapitated while riding the 170-foot-tall slide. A year and a half after his death, the Attorney General’s Office for the State of Kansas has announced the filing of criminal charges against the company and one of its employees.

Both Schlitterbahn and Tyler Austin Miles (the former director of operations) are facing charges of involuntary manslaughter as well as several counts of battery, child endangerment, and interference with law enforcement. They claim that the company knew the slide wasn’t safe as there had been several injuries that had been reported before the boy’s death. The spokeswoman for Schlitterbahn denied that the company and Miles withheld any information or evidence. She said the boy’s death was the result of an accident – not a crime.

The 47-page indictment has detailed evidence that has been gathered from emails, memos, blueprints, videos, photos, and accounts from witnesses. It paints a different picture than what she and the company described. It proves that the company took little to no consideration for people’s safety, and they were only concerned about breaking a world record. The ride is a cross between a roller-coaster and a waterslide, and it was a spur-of-the-moment proposal that was meant to impress the producers of Travel Channel’s Extreme Waterparks series. Since the ride was opened in July of 2014, and before the boy’s death approximately two years later, 13 people have been injured because a raft went airborne and hit both the net and the suspended hoops. The boy was decapitated when the raft hit one of the hoops.

The indictment suggests that the company was aware of the dangers, and they knew that the ride could possibly kill people. Yet, despite the warnings, they rushed for a faster completion date. Investigations also revealed that the company hired an engineering firm to perform tests on the ride a week before it was officially opened, but they decided to ignore the results (which showed that a raft carrying 400-500 pounds of weight could go airborne).