Archive for wrongful death – Page 3

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.

 

Betty Lozano’s Family receives a $1.9million Settlement from San Bernardino County after Her In-County Death

San Bernardino County recently awarded an Adelanto woman’s family a $1.9million settlement. Betty Lozano died while in the High Desert Detention Centre. She didn’t receive proper health care after experiencing a medical emergency.

Counsels representing Betty’s mother, Maria Stofflet and two young children sued the San Bernardino County Sherriff Department for negligence. Also, they accused the department of denying Betty vital medical attention while in the detention center. The lawyers filed a civil rights case in Riverside, last February.

A federal court agreed on the settlement on March 6 and later dismissed the case. Betty’s family lawyers, Dale Galipo, Sharon Brunner and James Terrell termed Betty’s case as being tragic. James accused the sheriff department of failing to learn from past lawsuits that other people had filed against it. He said that the deputy sheriff had low regard for life hence allowing Betty to die in her cell.

Also, Terrell emphasized the need to reform the department. Christina Montes, Betty’s sister, explained her mixed emotions regarding the settlement. She stated that a person’s life can’t be compared with any amount of money. However, she assured the court that the family would use the settlement to take care of Betty’s children. Christina pledged to push for a transformation on how the sheriff treats people.

She explained how many inmates in various correctional and detention centers need quality healthcare due to their mental health and health complications. Instead, the detention officers ignore their needs. Christina emphasized the need to hold people accountable for the department’s transformation. Moreover, Christina intends to mobilize other people who have lost their loved ones in detention centers.

Betty Lozano, 34, had a bipolar disorder. Police officers arrested her on July 26, 2017, at 4:27 p.m.The sheriff’s deputies thought she had taken drugs. As they were transporting her at the back of their patrol car, Betty fainted. The officers abandoned her in a cell for several hours until her demise that night.

According to the suit, there was a video record at the facility which was vital in confirming Betty’s health condition and its decline after her detention. She passed out at 8:50p.m.the detention officers took her to Victor Global Medical Centre where she died at 11:11 pm.

Sharon thanked the county court for the settlement. She said that although it wouldn’t make up for the loss of Betty, it will support her children. Also, she is eager to witness a transformation in jail policies and how the facilities will implement them. Sharon stated that she still receives numerous complaints from families whose loved ones have died in several San Bernardino County detention centers.

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).

 

Parole Officer’s Son Commits Suicide Using His Father’s Service Weapon

In the early morning hours of Valentine’s Day 2017, 18-year-old Marist High School senior William Han Manstrom-Greening committed suicide by using his father’s unsecured service weapon. William’s father Glenn Greening, along with Greening’s employer Lane County, have both been named as defendants by William’s estate in a wrongful death lawsuit filed just last week. According to the lawsuit. “On February 13, 2017, Lane County Parole and Probation Officer Glenn Greening left his Glock 19 duty weapon and ammunition readily accessible, loaded and unattended inside his home, and went to bed. His son, William Han Manstrom-Greening,” having gained easy access to the unsecured weapon then used the gun to kill himself.

The suit goes on to say that Lane County Parole and Probation, together with William’s father Glenn Greening, not only enhanced the dangerous circumstances surrounding the young man’s passing but in the end were the cause of William Han Manstrom-Greening’s wrongful death. “Lane County failed to ensure that Glenn Greening, an armed Lane County parole officer, properly stored his handgun.” Finally, the suit uncovers the previous history that Greening was suspended from carrying a gun in 2004 for threatening and harassing William’s mother. Despite this incident, the county re-authorized Greening to once again carry a gun in 2012.”

David Park, the attorney representing William’s estate says “law enforcement officers should be held to the highest standards of firearms safety. Doing so requires careful selection of the persons authorized to carry firearms as well as careful supervision of those persons, once selected.” Without access to his father’s gun, the wrongful death suit alleges that William would still be alive today.

Adopted at the age of just eleven months, William grew up In Eugene, Oregon as a well-liked scholar-athlete who ran cross country, played soccer, flag football, basketball, and baseball all while maintaining a 3.6-grade point average. William has been described an especially kind young man who was known to enjoy volunteering, traveling, playing a variety of board games and spending time with his family and friends. William’s future plans included attending Oregon State University with his fellow Marist High classmates following graduation this past spring.

Senior Home Charged For the Death of Two Elderly Clients

Two separate lawsuits were filed at the San Mateo County Superior Court by families of two clients who fell on February 6th, 2017 and October 13th, 2017 in the Foster City Senior Facility arguing that it was not properly staffed. They claim lack of adequate trained staff at the facility led to the death of their relatives namely, Eleanor Abrahams, 96 and Dorothy Fraser, 88.

Kathryn A. Stebner, the attorney who is representing both families in the lawsuit, said, “These cases are indicative of the problems in assisted living facilities in California where there is inadequate staff to meet the needs of the residence.”

She further states that it is unusual for her firm to file two cases against the same institution at once.

“I don’t know that it ever happened,” she stated.

Stebner continues to comment that an administrator at the home told Fraser’s daughters the institution was understaffed.

Stebner said, “Staffing is the most expensive line item in any budget so that where the long-term care facilities make the budget cut and that’s why people die in nursing homes and assisted living facilities.”

In an email, Mike Mejia, Atria Senior Living Vice President for the West Operations, said ensuring the safety and health of the residents is a top priority. Atria Foster has assisted living homes in 27 states around the country and operates 37 senior living homes which serve over 4000 families in California alone. He further insisted on the commitment of the foster home to look into the allegations raised by the two families.

Foster and Abrams were taken into Atria with the knowledge that they had a history of falling and were at a very high risk of falling and would require high monitoring and urgent attention.

The suit filed by Fraser family states that Dorothy fell for the first time in 14th September 2017 after having lunch and the second time while she was having a shower in the bathroom and was left unattended. While Abraham’s family claim that Eleanor fell multiple times and the fourth time which was on January 23rd, 2017 where she was diagnosed with a left femoral neck fracture is when she succumbed to her injuries.

An Attorney in Trouble After a Woman Whose Family Died in Turnpike Sues Him for Negligence

A woman who lost her spouse and daughter in a car accident that occurred on February 22nd, 2016 has come forward and sued her previous attorney of what she terms as a breach of contract and negligence of duty. In her affidavit sworn before a Hudson County headquarters Superior Court on January 29th, Pam O’Donnell claims that her former attorney failed to present a notice of tort claim to the New Jersey Turnpike Authority (NJTA) which effectively prevented her from getting a fair and rightful compensation in her case.

Her late Husband, Mr. Timothy O’Donnell who was a tutor at the County Preparatory High School, and her 5-year old daughter, Bridget crashed into oncoming eastbound traffic as they were fast-approaching the 14C toll plaza on the infamous NJ Turnpike Hudson county headquarters extension.

No Barriers

No barriers were separating the eastbound and westbound highway lanes at the time the accident occurred. Her husband died on the spot while her daughter died shortly after while undergoing medication at the Jersey City Medical Center.

According to the lawsuit, Pam O’Donnell hired Peter Cresci as her lawyer immediately after the tragic accident that led to the death of her 48-year old husband and her 5-year old daughter. However, Mrs. O’Donnell claims that Cresci intentionally sent a notice of tort claim intended for the NJ Turnpike to a wrong address which ended up denying her a fair compensation.

The Lawsuit

The lawsuit lists Peter Cresci, various law firms registered in his name, and some of the John Doe attorney firms as the principal respondents in the case. The complainant has raised three complaint charges of malpractice against Cresci and also seeks different compensatory damages.

Pam has retaliated that she hired Cresci to legally represent herself, the estates of her late partner and daughter Bridget, and her daughter Ali. He was supposed to file the necessary civil litigation proceedings against all the relevant authorities including the NJTA but failed to do so.

State Law

According to the state law, all complainants who wish to file a notice of tort claim are required to first present a notice of tort claim directly to the party in question within ninety days of the cause of action which in Pam’s case was the 22nd car crash. If the complainant fails to do so, then the complaint is automatically dismissed. Pam claims that Cresci didn’t serve the required notice of tort claim until May 16th, 2016, a few days to the deadline. However, instead of sending the claim directly to the NJTA, he chose to send it to the Tort Contract Unit based at the state Department of Treasury.

After discovering the mistake, Pam hired a new attorney in early-August 2016 to try and save the already-worse situation by filing a new complaint several months beyond the deadline day, but NJTA immediately filed a motion seeking to dismiss the complaint.

Doctors Should be Punished for Neglect in Hospitals

Is it justifiable to put a price tag on life? This question can have different answers all depending on the situation. When it comes to religion, people believe one moves on to a peaceful afterlife. In some cases, people believe reincarnation takes place. The following is a story about a child who lost her life and the parents are suing the hospital for wrongful death.

Who Was Stella Miles?
Stella Miles was a young girl with two parents, Michael Miles and Susanne Michels, who unfortunately died at 13 months of age in September 2016. She had been suffering from a life threatening condition known as hyperamonemia which in simple terms is high ammonia levels.

Stella’s parents decided to sue the doctors in-charge ( Dr. Amanda Kopydlowski, Dr. Vanessa Mondestin and Dr. Cori DeSanto) of Stella’s care in St. Louis Circuit Court House together with Washington university and the hospital for wrongful death.

According to lawyer Burton Greenberg, Stella had a seizure and fell unconscious while at home. Her parents immediately rushed her to a medical facility in Lake Saint Louis. She was later transferred on September 1, 2016 to St. Louis Children’s. Reason for doing this not stated.

The lawsuit alleges two main things. First, failure to treat Stella’ s worsened ammonia condition and secondly, neglecting to do an ammonia retest and genetic consultation before being abruptly discharged. Also, the lawsuit still claims the discharge summary was written three months later to hide the medical details of Stella.

On September 4 when Stella was discharged, she passed on five days later. The ammonia levels found in her was a shocking 1242 micro-gram per deciliter of blood. A child should have 11-35 micro-gram per deciliter of blood in normal circumstances. The two autopsies done later on confirmed that Stella died of high ammonia levels.

Another fact is that Nicole Miles, Stella’s 2-year-old sister, suffered from the similar medical condition and later died three months on December 2016. The parents are hoping to reach a settlement soon for $25000 in damages, although investigation is still ongoing.

This story has two sides of it and an investigation will at least bring out some clear answers. The parents are hoping to win this case before a trial date is set. Will winning such a case lessen their grief on loosing their daughter ? They are the only ones who know the feeling of loosing a child in such circumstances.