California Injury Blog

A 44-year-old woman who suffered permanent brain damage as a result of poor care she received in an El Cajon County owned nursing home has been awarded $1.6 million in a court settlement. Ruth Lomeo suffered severe brain injuries after she was given excessive pain medication at Edgemoor Geriatric Hospital in Santee. Staff at the nursing home also waited 20 minutes to call 911 after Lomeo began to have breathing problems. Lomeo sustained brain damage from lack of oxygen. Our source for this blog was a news report in the San Diego Union Tribune.

Nursing home officials contended that they had done nothing wrong and said that the nursing home had corrected any existing deficiencies. But the point is, those corrections, if they happened, came too late for Ruth Lomeo. In her case, a horrible damage had already been done. Lomeo, a lupus patient, was sent to the nursing home for recovery. Instead, her brain injury has left her with the mental ability of a 5-year-old, unable to care for herself or communicate with her family members. Further, she is going to need 24/7 care for the rest of her life.

The county’s attorney says the nursing home made a “business decision” to settle this case. They were simply concerned that this case could have cost them a lot more if it had gone before a jury. The problem with many nursing homes is that they are becoming more of a business and less of a service. They are becoming increasingly conscious of their profits, which is certainly important. Without profit, any business will cease to exist. However, it is unethical and inhumane for a business, especially one that cares for vulnerable, frail individuals, to put profits over the precious lives of the people they care for.

Continue reading "El Cajon Woman Suffers Brain Injuries from Nursing Home Negligence" »

Federal officials who investigated a November 20, 2008 Metrolink train crash in Rialto say the commuter train that sideswiped a freight train had run a red signal, according to an Associated Press news report. Although four commuters suffered relatively minor injuries in this recent train accident, another catastrophic Metrolink accident in Chatsworth on September 12, 2008 killed 25 and injured about 135 people, many critically. In that case, a Metrolink engineer crashed head-on into a Union Pacific freight train because he missed a red signal.

In the most recent train crash in Rialto, the eastbound Metrolink train was carrying 15 passengers and crew members. Investigators for the National Transportation Safety Board (NTSB) said the train failed to stop at a red light about 150 feet from where it hit the rear cars of a Burlington National Santa Fe freight train. Investigators also said that the red signal appeared to have been working at the time of the collision. Officials are now investigating the train’s brakes and its operators as they try to pinpoint a cause.

Continue reading "Rialto Train Crash Caused by Metrolink Running a Red Signal" »

Three California men – 37-year-old Robert Moody, Sean Swanson, 41, and Gilbert Sanchez, 39 – suffered major injuries in a Lake Havasu boating accident on November 22, 2008, the News-Herald reports. The 11/22/08 accident occurred when the boat the men were riding in crashed into a shoreline just north of Black Meadow Landing on Lake Havasu. San Bernardino County Sheriff’s officials said the boat was traveling at an unknown rate of speed in the dark when it collided with a shoreline on the Arizona side of Lake Havasu.

Robert Moody, who was driving the boat, was listed in critical condition. Sanchez and Swanson suffered multiple fractures and facial injuries. Investigators are looking into what caused this accident and whether it was alcohol-related.

I’m glad the three men involved in this horrific boating accident did not suffer fatal injuries. I hope and pray that they make a quick and complete recovery.

Continue reading "Lake Havasu Boating Accident Injures Three from California" »

James McClellan, 76, of Walnut, suffered serious injuries in a City of Industry bicycle versus big rig accident on November 25, 2008. According to this news report in the Pasadena Star News, McClellan was riding his bicycle on Lemon Avenue near Valley Boulevard when he was struck by the big rig. McClellan was pinned under the passenger-side front tire of the big rig. Both his ankles were severely broken, officials said.

Officials say the big rig driver was at fault here. The truck driver and McClellan were both stopped in the street waiting for a train to pass just before this 11/25/08 crash occurred. Once the train passed, the big rig made a right turn from Lemon Avenue onto a side street striking the stopped bicyclist. Officials are calling this an “unfortunate accident” saying that the truck driver did not see McClellan and the bicyclist in turn did not see the moving big rig.

My heart goes out to James McClellan, the elderly bicyclist who was injured in this horrific accident. I wish him the very best for a quick and complete recovery.

Continue reading "City of Industry Bicycle Crash Injures One" »

A 26-year-old worker at Ceradyne’s Irvine facility was critically injured in an industrial accident after being hit with flying shrapnel on November 22, 2008, The Orange County Register reports. The worker, who remains unidentified, suffered traumatic injuries to his head and body and remains in the hospital in “gravely critical condition”. This 11/22/08 Irvine construction accident happened on the 17000 block of Daimler Street.

According to initial reports from the California Division of Occupational Safety and Health (Cal/OSHA), a machine at Ceradyne’s facility failed causing the flying shrapnel to hit the worker in the abdomen, thigh and the head. Costa Mesa based Ceradyne develops and manufactures “advanced technical ceramic products and components for defense, industrial, automotive, nuclear, electronic and medical markets,” according to the company’s Web site.

This is a tragic accident and my heart goes out to this worker and his family. I pray for his speedy and complete recovery.

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Recently, I heard from Kim Smith, the mother of a young man who suffered severe brain injuries in an all-terrain vehicle (ATV) accident three years ago. Kim kindly agreed to share her story through our blog as a way of warning parents and teens, especially, not to take ATVs for granted. B.J. Smith’s story is an example of how “one fun ride” can change your life forever.

On a sunny afternoon while vacationing at his uncle’s house in Texas, B.J. decided to take his uncle’s new ATV for a spin although he and his cousins had been told never to go near the 350 c.c., 386-pound machine unsupervised. B.J. reached nearly 60 mph on the ATV when a dog ran out unexpectedly and clipped the front wheel of the ATV. He was thrown 25 feet from the point of impact. B.J. had no helmet on and slammed his head on the sidewalk with full force. Blood poured from his nose, eyes, ears and mouth. He was taken to Memorial Hermann Hospital “dead on arrival” after having celebrated his 15th birthday only six weeks before this nightmarish incident.

B.J. spent the first three weeks after the accident in a coma. His parents were told that the boy had only a 10 percent chance of survival. He spent five months in the hospital having suffered a severe traumatic brain injury, broken collar bone and ribs, punctured lung, lacerated liver and injuries to his arms, legs and back. The 6-foot, 225-pound boy, who was an avid athlete and a gym rat, was now relearning to walk, talk, eat, bathe and dress. He had very little memory of life before the accident. His parents were told right away that B.J would need 24/7 care for the rest of his life. Kim Smith says she recalled the words of Michael Paul Mason who best described the aftermath of a traumatic brain injury; it “strikes with the concussive ferocity of a bomb; woe to those near its epicenter”. B. J. Smith and his family lived through such a catastrophe.

B.J.’s personality changed dramatically. There were days when he was docile and gentle, giving hugs and showing a need for affection. But on most days, he had emotional outbursts and crying tantrums, cursing wildly and sometimes turning physically violent. Nothing could have prepared his family for such grief and heartbreak. Doctors recommended that family members tell the teen stories from his childhood to offer comfort and remind him of his beautiful life prior to the ATV accident.

Continue reading "ATV Accident Changes Teenager’s Life Forever" »

Four construction workers were injured in a Northridge scaffolding collapse accident on November 21, 2008, according to this CBS news report. The construction accident occurred at the four-story Village apartment complex that was under construction on the 9300 block of Corbin Avenue.

Investigators from the California Department of Occupational Safety and Health (Cal-OSHA) are looking into how and why this accident occurred. They are apparently looking into whether all procedures were followed and whether the workers were wearing harnesses at the time of the accident. The men, who have not been identified, took a three-story fall. One man was critically injured, two others suffered moderate injuries and one suffered minor injuries.

It is indeed a relief this 11/21/08 construction site scaffolding accident did not end in fatalities and I wish all four of these workers the very best for a speedy and complete recovery. It is sad that these were just hard-working men who were injured because of someone else’s negligence.

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A 23-year-old La Verne man who died in a vehicle rollover accident on Highway 18 on November 22, 2008, has been identified as Timothy Richard Dewhurst, the San Gabriel Valley Tribune reports. Dewhurst, a passenger, was ejected from the 2003 Subaru station wagon when it rolled over near the westbound side of Highway 18 near Orchard Drive. He suffered severe injuries and was transported to a local hospital where he later died.

My heart goes out to the family of Timothy Richard Dewhurst, who died in this tragic rollover accident. Please keep his family in your prayers.

Rollover accidents are among the most common and most catastrophic types of crashes that occur on our roadways today. According to the National Highway Traffic Safety Administration (NHTSA), more than 10,000 people are killed and more than 24,000 people suffer catastrophic injuries in rollover crashes every year in the United States.

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Five people were injured in a Metrolink versus freight train collision in Rialto on November 20, 2008 – the second such accident in less then three months. The 11/20/08 crash was far less serious than the catastrophic head-on collision in Chatsworth in September that killed 25 and injured hundreds. According to this Los Angeles Times news report, Thursday’s accident occurred at about 11:30 a.m. when an eastbound Metrolink train hit the end of a westbound Burlington Northern Santa Fe Railway train. The freight train was pulling onto a siding from a main track just west of the Rialto train station when the accident occurred.

Five passengers were sent to local hospitals with complaints of pain. Officials are still trying to figure out how this collision could have happened. Burlington Northern Santa Fe Railroad officials say their engineer had been given the go-ahead either by a signal or a Metrolink dispatcher. The freight train was traveling from Barstow to Rialto. The Metrolink locomotive sideswiped the 96th car of the 102 cars on the freight train. In the Chatsworth crash, investigators determined that the engineer had missed the signal most likely because he was texting some young train enthusiasts, seconds before the head-on collision.

Continue reading "Rialto Metrolink versus Freight Train Collision Injures Five" »

Erik Sanchez, 30, was killed in an Anaheim industrial accident on November 17, 2008 when an 18-wheeler pinned him against a loading dock at a refrigerating storage facility, The Orange County Register reports. The fatal 11/17/08 on-the-job accident occurred at VersaCold Logistics in Anaheim.

Sanchez did not work for VersaCold but was a pest control worker doing his job around the exterior of the facility. Anaheim police officials say Sanchez was walking below a loading dock as the 18-wheeler was backing up into the dock to pick up a load of food. Sanchez did not see the truck backing up and was crushed against the dock. Sanchez died from massive head trauma. The California Department of Occupational Safety and Health (Cal-OSHA) is investigating this incident.

I offer my deepest condolences to the family of Eric Sanchez. It is indeed a horrible tragedy. Here was a man trying to do his job and earn a living and a moment of inattention on someone’s part cost him his life. It’s heartbreaking!

Continue reading "Fatal Anaheim Industrial Accident Kills Pest Control Worker" »

This week, the Federal Motor Carrier Safety Administration (FMCSA) issued a new rule governing the number of hours that commercial truck drivers can drive each day. These are known as the truck drivers’ hours-of-service. What’s special about this new rule? In my opinion - nothing. The so-called new standard is in fact identical to the previous two rules that the U.S. Court of Appeals for the District of Columbia struck down last year and in 2004, according to the Public Citizen, which challenged those ineffective regulations.

The new FMCSA’s rule authorizes truckers to drive 11 consecutive hours with 34 hour restart provisions. Under the rule, drivers may continue to work a physically and mentally exhausting 77 hours behind the wheel of a big rig over a seven-day period. They may then take 34 hours off and then hit the road to start all over again. In addition to all that time they are allowed to drive, they can be required to work 14 hours a day, which includes loading and unloading cargo. This new rule also fails to require electronic on-board recorders that are very much needed to assure that the rule is effectively enforced.

Continue reading "New FMCSA Truckers Hours-of-Service Rule Inadequate and Ineffective" »

Santiago Aguilar, a 27-year-old man, was killed in a bicycle versus big rig accident on November 14, 2008 in La Puente, the Pasadena Star News reports. The 11/14/08 crash occurred at the intersection of Valley Boulevard and 7th Avenue, California Highway Patrol officials said.

Aguilar was riding his bicycle eastbound on the sidewalk on the south side of Valley Boulevard before the crash. The Peterbilt truck was eastbound on the street as well.
Eyewitnesses told CHP officials that Aguilar was riding through the intersection on a green light about the same time the driver of the big rig made a right turn from Valley Boulevard on to 7th Avenue. Aguilar hit the back of the truck’s trailer and was pronounced dead at the scene of the accident. CHP officials are asking that anyone with more information about this crash call their Baldwin Park office at 626-338-1164.

My heart goes out to the family of Santiago Aguilar for their tragic loss. Please keep them in your prayers.

Continue reading "Bicyclist Killed in La Puente Big Rig Collision" »

This week the Insurance Institute of Highway Safety (IIHS) issued a statement supporting the long-due amendment of the Federal Motor Vehicle Safety Standard. The amendment would require motorcycle manufacturers to install antilock braking systems (ABS) in all motorcycles. The changes, proposed by the National Highway Traffic Safety Administration (NHTSA) in September, will create minimum performance standards that have been tested successfully in other parts of the world. It will also keep motorcycles with unsafe brakes from being sold in the United States.

According to IIHS statistics, both the rate of fatal motorcycle accidents and the frequency for which insurance collision claims are filed are lower among motorcycles with ABS compared with the same motorcycles without ABS. The IIHS study shows 6.7 fatal crashes per 10,000 registered vehicle years among motorcycles not equipped with ABS during the year 2005-2006. For motorcycles equipped with ABS that number was much lower at 4.1.

Continue reading "Safety Advocates Support Anti-Lock Brakes in all Motorcycles" »

The U.S. Department of Justice has sued drug manufacturer Actavis, seeking a permanent injunction against its subsidiary that makes the recalled heart drug Digitek. According to this Bloomberg News report U.S. regulators took the action on behalf of the Food and Drug Administration against the Actavis Totowa LLS subsidiary in Little Falls, New Jersey.

In April the Iceland-based drug manufacturer recalled all of its lots of prescription heart drug, Digitek or Digoxin tablets, because some of the tablets might contain twice the approved level of the active ingredient. Hundreds have reported suffering serious injuries. Families have reported losing loved ones to this defective drug, which was normally prescribed to treat heart failure and abnormal heart rhythms. Actavis makes the drug for Mylan Inc., which distributes the drug under its Bertek and UDL brands. Actavis has said it has been working to meet the FDA’s manufacturing standards for its New Jersey facility.

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Eight people were taken to the hospital for treatment of minor injuries after they were injured in an amusement park escalator accident at Universal Studios on November 17, 2008, the Los Angeles Daily News reports. The accident occurred at the theme park at 3900 Lankershim Boulevard after the escalator started to suddenly malfunction. Park officials said the escalator, which connects two levels of the park, came to sudden stop and for unknown reasons went into reverse, throwing visitors off their feet and down the stairwell. The malfunctioning escalator was also situated on a hillside.

It is fortunate that there were no serious injuries as a result of this escalator malfunction. I hope the injuries described in this newspaper article as “minor” were in fact minor and wish the injured victims the very best for a speedy recovery.

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Eighteen-month-old Isabelle Jenkins and 2-year-old Tyler Frey-Cruz were two Orange County children who died in two separate swimming pool drowning accidents, The Orange County Register reports. We obtained the girl’s identity from an Orange County Coroner’s press release. The two drowning incidents occurred within three days last week when we’ve had summer-like weather conditions in Southern California.

Tyler drowned in a backyard pool in Irvine on November 12, 2008 while Isabelle drowned in an in-ground spa next to a backyard pool in Mission Viejo on November 14, 2008. Police officials in Irvine and Mission Viejo are trying to figure out how the children gained access to the water. In Tyler’s case, his grandfather who was babysitting him was apparently talking on the phone for a few minutes when he took his eyes off the toddler. The man found his grandchild floating the pool. It is not clear how Isabelle drowned.

My heart goes out to the families of both these young children. What a terrible and heartbreaking, yet, preventable tragedy! Please keep these children’s parents in your prayers.

Continue reading "Orange County Swimming Pool Accidents Claim Two Lives in Three Days" »

Raul Hinojosa, a 28-year-old Bellflower resident, was killed in an accident on the 91 freeway in Orange County on November 16, 2008, which officials say was caused by a suspected drunk driver. Hinojosa and 20-year-old Matthew Lawetzki had pulled over on the side of the freeway just past Coal Canyon Road in Yorba Linda to change a tire on their disabled Nissan Sentra. Moments later, Allyn Barry Casey, 58, of Corona, who was doing about 75 mph in his Ford Ranger, drove into the right shoulder and hit the Sentra. Our source for this blog is a news report in The Orange County Register.

California Highway Patrol officials said Lawetzki escaped with injuries while Hinojosa, who was changing the tire at the time of the collision, was killed at the scene. Casey was arrested on suspicion of driving under the influence.

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Three people – Jiwon Lee, 27, of Brea, Sarah Garrat, 25, of Bellflower and Ayesha King, 23, of Los Angeles – were injured in a Sunset Beach auto accident on November 12, 2008. According to an article in The Orange County Register, the accident was caused by a suspected drunk driver. California Highway Patrol officials have not yet said how the 11/12/08 crash occurred, but say they found a Toyota Sienna and a Nissan Altima at the intersection of Warner Avenue and Pacific Coast Highway.

Lee and King suffered minor injuries in the collision while Garrat suffered moderate injuries, CHP officials said. Seung Kim, 41, of Orange, the driver of the Sienna, was arrested on suspicion of driving under the influence.

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Thomas Jackson, a 59-year-old Grass Valley motorcyclist, was injured after his Harley Davidson struck a deer on Highway 49 near Auburn Road on November 7, 2008, the Sierra Sun reports. The deer was killed in the crash and Jackson was thrown off of his Harley, leaving him with injuries.

California Highway Patrol officials are reporting more and more deer versus auto collisions on California’s highways. October through November is peak deer mating season resulting in an increased number of highway collisions involving deer occur most frequently because the animals tend to be more active and mobile.

Apparently CHP officers themselves are not immune to these deer versus auto collisions. On 11/07/08, CHP patrol cars struck two different deer. In both accidents, the deer darted in front of the patrol vehicles causing the officers to swerve. Neither officer sustained any injuries, but one officer’s sport utility vehicle did become inoperable after the incident. In both cases, the deer were killed.

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A case handled by my good friend Charles Boyk’s Ohio truck accident law firm recently resulted in a $1.25 million jury verdict for the plaintiff, who lost his leg in a truck accident. This case was brilliantly handled by Boyk and his law firm. The case was initially dismissed in Wood County Court of Common Pleas, but was reversed earlier this year. The trial resulting in the $1.25 million verdict for injured victim, Sean McMahon, took place September 30, 2008.

Here’s what happened. McMahon was parked at a truck stop in Wood County, Ohio, when McMahon left his truck and observed a fight between two other truckers. McMahon saw Raymond Blake, who was inside his trailer, push a man who was standing in front of Blake’s truck by lunging his truck forward. Seeing the other man lying on the ground in the path Blake’s large trailer, McMahon rushed and pushed the man on the ground to safety. But the trailer ran over McMahon’s right leg, which had to be amputated later.

Continue reading "Charles Boyk – Best Ohio Personal Injury Attorney" »

Armando Hernandez, a 31-year-old Antioch man, died in a multi-vehicle accident on Interstate Highway 680 in Concord on November 8, 2008. According to an article in the San Jose Mercury News, two mattresses that apparently came off someone’s vehicle caused the fatal three-car pileup. Hernandez was driving his Mitsubishi Diamante just south of Concord Avenue when he swerved to avoid the mattresses, lost control of his vehicle and crashed into the center divider.

The impact of the 11/8/08 crash caused the Mitsubishi’s electrical system to fail, leaving Hernandez to navigate without headlights. Hernandez also possibly crashed into a Ford Mustang whose driver was also swerving to avoid the mattresses on the highway. Moments after the collision, a Cadillac crashed into the almost invisible Mitsubishi, according to California Highway Patrol officials. Apparently, Hernandez took off his seatbelt to get out of his car when he was ejected and killed, CHP officials said. The four occupants of the Cadillac suffered minor injuries while the two people in the Mustang were uninjured.

I offer my deepest condolences to the family of Armando Hernandez who died in this tragic and unfortunate accident. Obviously he was in the wrong place at the wrong time and was a victim of someone else’s negligence.

Continue reading "Mattresses on Highway 680 Cause Fatal Auto Accident in Concord" »

I came across a news report in the Des Moines Register that shows how nursing homes with a history of abuse, negligence and other past violations receive hundreds of millions of your taxpayer dollars as bonuses. According to this eye-opening investigative report, a review of 81 bonus payment programs in 36 states shows that some nursing homes are collecting “quality-of-care bonuses” handed out by the same federal agency that considers them to be below-average caregivers.

In addition to this nonsense, more than 60 existing bonus programs help nursing homes do what they are already required to do under the law such as pay minimum wage or install fire safety sprinklers for the safety of their residents. The newspaper gives the example of Grace Living Center in Norman, Oklahoma, which earned almost $96,000 in bonuses over the last one year and is considered a “five-star” nursing home by the state. Still, it has been cited for more violations than the state and national average. What’s more – Medicare ranks the home “below average” on 11 out of 19 national quality measures.

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A Fort Wayne, Texas, woman has filed a lawsuit against ConAgra Foods, claiming that she fell ill with a salmonella infection after eating their peanut butter. The 76-year-old woman, Mildred Turner, said in her lawsuit that she bought the tainted Peter Pan peanut butter in November 2006, the same batch of peanut butter that had sickened at least 625 people in 47 states, including California. Our source for this blog is a news report in The Journal Gazette.

Nebraska-based ConAgra recalled all of its Peter Pan and Wal-Mart Great Value brands of peanut butter in February 2007. These products were packaged at ConAgra’s Georgia plant. The peanut butter was contaminated with salmonella bacteria, which was later linked to moisture caused by a leaky roof at the plant. Turner experienced all of the symptoms of salmonella poisoning such as nausea, vomiting, diarrhea, fatigue, fever, abdominal pain and dehydration, according to court documents. Turner’s case is also an example of how salmonella poisoning could have a potentially deadly effect on the elderly. She nearly died during her two-month stay in a hospital, her lawsuit claims.

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A 42-year-old man was struck and killed in a Los Angeles County hit-and-run pedestrian accident on November 9, 2008. The pedestrian accident victim has been identified as Rigoberto Pivaral of Los Angeles. According to a news report in the Daily Breeze, Pivaral was found lying in the street unconscious next to a parked car in the 10600 block of South Hoover Street in an unincorporated area between Carson and Gardena.

Los Angeles Police Department’s traffic investigators are seeking the public’s help in locating this hit-and-run driver who is still at large. Pivaral died later from his injuries in an area hospital. LAPD officials are still trying to determine what time the accident took place. But investigators believe Pivaral was walking east on Hoover from 107th Street when he was struck by a vehicle traveling north on Hoover. If you witnessed this 11/9/08 pedestrian accident or have any information about the hit-and-run driver or vehicle, please call LAPD South Traffic Division Detective Jimmy Render at 323-290-6067.

My heart goes out to the family of Rigoberto Pivaral. Getting killed in an auto accident is tragic. But when a loved one is struck by a driver and left to die on the street, it is heartbreaking. Please keep Pivaral’s family in your prayers.

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Renowned Southern California horse trainer, 72-year-old Arthur Lerille, suffered severe head injuries in a Covina auto accident on November 8, 2008 after his car was hit by a Los Angeles County Sheriff’s patrol vehicle. According to this article in the San Gabriel Valley Tribune, California Highway Patrol officials and sheriff’s investigators say they are not sure if Deputy Brian Harper had his lights and sirens on at the time of the collision.

Investigators say Harper was driving west on Arrow Highway at 40 to 50 mph and Lerille was northbound on Sunflower Avenue in his 1989 Cadillac Seville driving at 40 mph. According to eyewitness accounts, Harper’s patrol car drove past a red light and into the path of Lerille’s Cadillac. Both men were seriously injured in this 11/8/08 intersection crash. Lerille suffered a serious injury to his arm that required surgery and also suffered head injuries. His wife, Cindy Lerille, says her husband has significant memory loss since the accident and has trouble recognizing her. Harper suffered broken bones around his spinal column and is said to be recovering.

I wish both Arthur Lerille and Deputy Brian Harper the best for a speedy and complete recovery. According to Cindy Lerille, her husband was taking his usual work route to Santa Anita Park.

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Fullerton resident Faith V. Wilson was one of four people killed in a Ludlow big rig accident on the 40 Freeway on November 9, 2008. According to this news report, the 11/9/08 accident occurred after a Porsche Cayenne, in which the 66-year-old Wilson was a passenger, was rear-ended by a tractor trailer and pushed off the roadway. Wilson was one of the victims who died on the scene. The names of the other deceased victims have not yet been released.

This is a horrific and tragic accident for the families of all four victims who were killed in this tractor trailer crash. My heart goes out to all of them.

Based on this news report, it appears that the driver of the big rig was at fault for this accident. We’ve seen time and again that when big rigs collide with passenger vehicles, the results can be devastating. This is largely because of the size and weight of commercial trucks. Big rigs can have a max gross weight of 80,000 pounds, and even more if they are carrying an oversized load. This is a striking difference when compared to the average passenger vehicle weight of about 4,000 pounds.

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A 68-year-old Orange County man was critically injured in a Fullerton bicycle accident on November 6, 2008, after he was hit by a van, The Orange County Register reports. The cyclist, whose name has not yet been released, was hit and thrown from his bicycle on Kimberly Avenue at State College Boulevard. The man was taken to an area hospital with major internal and head injuries, Fullerton police officials said.

This is obviously a serious and tragic accident. My heart goes out to this man who was severely injured. I sincerely hope he has a quick and complete recovery.

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The 37-year-old driver of a forklift suffered severe burn injuries on November 3, 2008 after he accidentally backed into a gas main and causing an explosion, the San Gabriel Valley Tribune reports. The man, who has not yet been identified, was delivering supplies to a business in the 500 block of North Howard Avenue in Covina when the 11/3/08 accident occurred. The forklift driver suffered second-degree burns to his arms and legs. He is expected to survive.

Los Angeles fire officials said the worker was very lucky to survive this horrific accident. They are right - this accident could have been a lot worse. I wish this worker the very best for a speedy and complete recovery.

According to the U.S. Occupational Safety and Health Administration (OSHA), forklifts cause about 85 fatal accidents each year and about 34,900 forklift accidents result in serious injury. Industrial Truck Association statistics show that there are about 855,900 forklifts in the United States. This means more than 11 percent of all forklifts will be involved in some type of accident each year.

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Extendicare, a large Minnesota nursing home corporation, is facing a federal class-action lawsuit from its customers who are alleging that it used deceptive marketing to entice seniors into facilities that were often cited for deficiencies and sub-standard care. According to a news report in the Pioneer Press, the nursing home company readily admitted “high-dollar seniors” – patients who bring in a high rate of reimbursement -- without first looking into whether they can meet their needs. The lawsuit was filed in the U.S. District Court in Minneapolis.

Patients such as 59-year-old Laura Bernstein, who is named in the lawsuit, says Extendicare’s promotional materials claim that the company provides high-quality, skilled nursing care services and that their facilities maintain quality standards above and beyond what government regulations mandate. But state health department records show otherwise. Extendicare’s homes apparently received between 10 and 37 citations in recent years. In one instance, state investigators discovered that one of Extendicare’s nursing homes didn’t even take the necessary steps to rescue a resident who hanged himself.

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Julian Adame, 19, of Orangevale suffered serious injuries in a Sacramento County motorcycle accident on October 29, 2008. Adame was riding his 2008 Honda CBR 600 motorcycle west on Main Avenue near Dredger Way in Orangevale. California Highway Patrol officials said that as Adame approached a right curve, his motorcycle veered into the opposite eastbound lane and crashed into a 1996 Toyota T100 pickup truck. Our source for this blog was this news report in the Sacramento Bee.

Adame’s motorcycle hit the pickup truck’s left front side. Adame was ejected from his motorcycle and thrown on to the windshield of the Toyota pickup. He was transported to an area hospital with major head injuries. CHP officials said Adame was wearing a full-face helmet and a padded racing jacket. The driver of the pickup truck, 46-year-old Kenny Nguyen of Elk Grove, has not yet been cited or arrested pending an investigation.

I’m glad that young Julian Adame survived this horrific 10/29/2008 motorcycle versus truck collision and is recovering from his injuries. I wish him the very best for a quick and complete recovery.

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The Simi Valley City Council is considering legislation relating to pit bulls after a September, 26, 2008 dog attack that killed 5-year-old Katya Teresa Todesco.
Katya was viciously attacked and mauled to death by a 35-pound pit bull in a neighbor’s backyard. Council members, who are talking about a breed ban in Simi Valley, got a report from an animal regulation expert, who said that pit bulls “do not see a child under the age of 12 as a human.” Instead, children are normally viewed by these dogs as “prey” or “predators.” Our source for this blog is this news report in the Ventura County Star.

The State of California does not allow breed-specific bans. Pit bulls, however, are under scrutiny in certain California cities such as Manteca that have taken the right step and passed “dangerous” and “vicious dog” ordinances to regulate pit bulls.

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Top scientists and career employees at the Food and Drug Administration (FDA) have issued a report to the U.S. House Committee on Oversight and Government Reform objecting the federal agency’s own rule that weakens consumers’ ability to file product liability lawsuits against drug manufacturers for not labeling medicines and medical devices properly. According to this Associated Press article, the report highlights internal FDA documents, which show high-ranking career officials in the agency repeatedly pointed out the dangers of drug makers not being required to update labels to give consumers complete information about the medications they use.

The 2006 drug-labeling rule basically limits when people can sue in state court over personal injury claims involving medications. The FDA maintains that federal regulations prevail when it conflicts with state law. This concept is called pre-emption.

Preemption was a strategy consistently adopted by the FDA, other federal agencies and the Bush Administration to shield manufacturers of dangerous and defective products.
According to a recent report called “Get Out of Jail Free” issued by the American Association of Justice(AAJ), the Bush Administration has authored language aimed at preempting product liability litigation to 50 federal rules that govern everything from auto products to drugs and medical devices.

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The 48-year-old man who died October 31, 2008 as a result of injuries he suffered in a Fontana hit-and-run collision has been identified as Herman Torres. According to this news report, Torres was a passenger in a green Saturn that was traveling north on Hemlock Avenue just before the 10/26/08 crash. California Highway Patrol officials said the driver of the Saturn did not stop for westbound traffic on Arrow Route and was hit by a Toyota Forerunner.

Emergency personnel transported Torres to an area hospital where he passed away. CHP investigators are looking for the driver of the Saturn who apparently fled after the collision.

I offer my deepest condolences to the family of Herman Torres, who died tragically because of another driver’s negligence and callous disregard for his passenger’s safety.
Torres’ family will certainly remain in my prayers.

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A 26-year-old woman, who was killed in a South El Monte DUI auto accident on October 31, 2008, has been identified as Nellyda Beltran-Cruz. She was pronounced dead at the accident scene, which occurred Halloween night at the intersection of Santa Anita and Elliot avenues. Our source for this blog is a news report in the Pasadena Star News.

The other man, whose name has not yet been released, was driving north on Santa Anita Avenue. Beltran-Cruz was driving west on Elliot Avenue when the two cars collided.
Traffic investigators say they suspect that the man was driving under the influence at the time of the accident. He has also been hospitalized in critical condition.

My heart goes out to the family of Nellyda Beltran Cruz who was tragically killed in this 10/31/08 intersection accident. I offer my deepest condolences to them.

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Josh Sablan, a 19-year-old Visalia resident, suffered major injuries in an October 27, 2008 pickup versus big rig accident northwest of Tulare, the Visalia Times-Delta reports. Sablan was westbound on Avenue 248 near Road 68 when he tried to pass another vehicle. Sablan then struck the International big rig head-on. The truck was traveling east on Avenue 248, California Highway Patrol officials said.

The driver of the big rig, 39-year-old Stanley Gumm Jr., told CHP officials that he tried to swerve out of the way of Sablan’s 2006 GMC Sierra pickup truck, but couldn’t do so in time to avoid the 10/27/08 crash. Both drivers were apparently observing the 55 mph speed limit on that highway. Sablan was taken to a Fresno area hospital with critical injuries.

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Two elementary school girls – ages 7 and 9 – in Carmel Creek, San Diego, have been sickened with an E. Coli infection, San Diego County Health and Human Services Agency officials said. According to this news report, the girls have been hospitalized, but are expected to recover. Officials are still trying to determine the source of the E. Coli bacteria. Carmel Creek School, where the girls attended, notified parents about the infection on October 29, 2008 as a precaution.

The school’s principal says the school was certainly not a source, but Health and Human Services officials have not confirmed that yet. E. Coli can come from a number of sources including lettuce, raw milk, unpasteurized apple cider, hamburgers that are not cooked properly or from petting zoos or animal exhibits, according to county health officials.

U.S. Centers for Disease Control information states that the most common symptoms of E. Coli infections include stomach cramps and diarrhea. In rare cases, there have been fatalities, but usually an E. Coli infection lasts about a week. These infections mostly affect young children, the elderly or those with weak immune systems. Others in the area who have been affected by an E. Coli infection are asked to report it right away to the County of San Diego Health and Human Services at 619-515-6620.

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