California Injury Blog

Published on: December 11, 2008

Medtronic Denies Wrongful Death Claim

By Brian Chase

Medtronic Inc, a medical device maker, is contesting claims that it is responsible for the death of a California woman whose doctor inserted a bone-growth protein into her neck.
According to this news report in the St. Paul Business Journal, Shirley Nisbet of Vista, California, had Medtronic’s Infuse Bone Graft inserted in her neck in August, barely weeks after the U.S. Food and Drug Administration (FDA) issued a warning that such a surgery could pose a risk to the patient’s life.

The lawsuit, filed by Nisbet’s family, alleges that she went into respiratory arrest after the procedure and died within days of the surgery. But Medtronic officials say its technical consultant had denied recommending the off-label use of the company’s Infuse Bone Graft product. Physicians ultimately decide how medical devices are used to the benefit of the patients, a Medtronic spokesperson says. To me, that sounds like passing the buck.
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Published on: December 10, 2008

Fresno ATV Accident Kills Teenager

By Brian Chase

A teenager who was killed in a Fresno ATV accident on December 6, 2008 has been identified as 16-year-old Alyssa Wiley. According to this news report in the Fresno Bee, the off-road vehicle accident occurred in the 13000 block of Bullard Avenue near Academy Avenue.
California Highway Patrol officials apparently have no other information about this ATV crash. Alyssa died of her injuries a day after the accident.

My heart goes out to Alyssa’s family for their tragic loss. To lose someone so young must be heartbreaking for any family. Please keep them in your prayers.

There are many unanswered questions that arise from the tragic accident. What type of all-terrain vehicle was Alyssa riding? Was she a driver or a passenger? Was she wearing safety gear, specifically a helmet? How did she lose control of the ATV, if she was the one driving it? Answers to these questions will help determine what exactly went wrong or caused this ATV crash.
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Published on: December 9, 2008

F-18 Plane Crash in San Diego Claims Three Lives

By Brian Chase

Three people are dead and one other is presumed dead after a U.S. Military jet crashed around noon on December 8, 2008 in University City, San Diego.
According to this news report in the San Diego Union-Tribune, a mother, her young child and the child’s grandmother died at 4416 Cather Avenue when the disabled F/A-18D Hornet crashed into the house in what is described as a “fiery explosion.”

A second child was missing and presumed dead before rescue personnel suspended their search at nightfall. None of the victims have been identified yet, but the newspaper describes the victims as a family of Korean immigrants.

My heart goes out to this beautiful family that perished as a result of this nightmarish aviation accident. I offer my deepest condolences to the father who was away from home at work when the accident occurred. Please keep this grieving man in your prayers.

The jet’s pilot, a student pilot at the Miramar Marine Corps Air Station, had apparently ejected safely and was listed in good condition at the San Diego Naval Medical Center.
He was en route from the aircraft carrier Abraham Lincoln that was operating in the Pacific Ocean off the coast of San Diego. He lost one engine over the ocean and the other failed over the neighborhood. The crash occurred less than a quarter mile from University City High School.
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Published on: December 9, 2008

Yorba Linda Pedestrian Accident Kills Woman

By Brian Chase

Carol Sue Patterson, 67, was killed in a Yorba Linda pedestrian accident on December 6, 2008, The Orange County Register reports. Patterson was crossing Bastanchury Road near Prospect Avenue with 80-year-old Ronald Iver Severson when they were both hit by a 2006 Dodge Charger. The driver was identified as 68-year-old Josephine Zorzy of Yorba Linda.

Brea Police officials say the couple was crossing the street to get to a church and that they were not crossing at an intersection or using a crosswalk. Both were taken to an area hospital where Patterson later passed away due to her injuries. Severson is recovering from moderate injuries. Zorzy has not been arrested pending a police investigation. Police officials say she did not appear to be under the influence of alcohol or drugs.

I offer my deepest condolences to the family of Carol Sue Patterson for their tragic loss.
I’m relieved that Severson survived this horrific accident and wish him the best for a quick and complete recovery.
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Published on: December 9, 2008

Anaheim Motorcycle Accident Kills Man

By Brian Chase

Ralph Mongenel. 61, of Santa Ana, was killed in an Anaheim motorcycle accident on December 6 2008, The Orange County Register reports. Mongenel was riding south on Brookhurst Street under the 91 Freeway in Anaheim when he hit the center divider at the south side of the intersection. He was apparently trying to enter the freeway when he hit the divider. Mongenel was taken to an area hospital where he died shortly after.

I offer my deepest condolences to the family of Ralph Mongenel for their tragic loss. Please keep them in your prayers.
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Published on: December 8, 2008

Nursing Home Aides Charged With Abusing Residents

By Brian Chase

Two teenage girls, who worked at a Minnesota nursing home, are being charged with physically, emotionally and sexually abusing elderly Alzheimer’s patients at the facility, according to this shocking MSNBC News report. Brianna Broitzman, 19, and Ashton Larson, 18, allegedly spat in residents’ mouths, poked and grabbed them and at times mocked them until they screamed. Both teenagers worked as part-time nursing aides at the Good Samaritan Society nursing home.

Five other teens, who worked with these two young women, were charged as juveniles for failing to report these incidents. Both Broitzman and Larson have been charged with assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct and failing to report suspected maltreatment – all gross misdemeanors. According to the Minnesota Department of Health’s report, 15 residents with Alzheimer’s or other dementia related disorders were abused at Good Samaritan Society between January 1, 2008 and May 1, 2008.
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Published on: December 6, 2008

Cypress Police Face Legal Claim After Police Dog Bites Woman

By Brian Chase

A 22-year-old woman who was bitten by a police dog while sleeping in the garage of a Cypress home, has filed a legal claim against the city and the police department, The Orange County Register reports. Apparently, the police department’s German Shepherd bit Alicia Quinonez at about 2 a.m. on August 16, 2008.

According to Quinonez’s claim, she went to the hospital with severe bites to her leg, but police officers say her injuries seemed to be minor. Officers had permission from the homeowner to enter the home as they were looking for a robbery suspect. The homeowner forgot to tell officials that Quinonez was sleeping in the garage. Quinonez who was understandably startled when she woke up and saw the animal, screamed and was bitten. Her lawyer, April Blackman, has said she is trying to settle the case with the city for this Cypress dog attack.
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Published on: December 5, 2008

Ford Crown Victoria Rollover Accident Injures Man

By Brian Chase

William Finke, an 82-year-old passenger in a 2000 Crown Victoria, was seriously injured in a rollover collision in Dixon, California, on December 1, 2008. According to a news article in The Vacaville Reporter, the 12/1/08 rollover crash occurred on Highway 113 about a half mile south of Midway Road. The Ford’s driver, 80-year-old Beatrice Finke who was northbound on the highway, lost control of the 2000 Crown Victoria, crossed the southbound lane and rolled twice coming to rest in a dry canal.

William Finke was trapped in the vehicle for about 15 minutes until fire crews freed him from the wreckage. The driver, Betty Finke, was treated and released at an area hospital for minor injuries.

This was no doubt a close call for this elderly couple. I’m glad that they survived this horrific rollover accident and I wish them both the very best for a complete recovery.
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Published on: December 5, 2008

San Diego County Hit-and-Run Bicycle Accident Kills Man

By Brian Chase

California Highway Patrol officials in San Diego County are looking for a hit-and-run driver who struck and ran over bicyclist, 30-year-old Edward Costa in Alpine on December 2, 2008. According to this NBC news report, the 12/2/08 fatal San Diego bicycle accident occurred along Alpine Boulevard near Rock Terrace Road. Costa was traveling eastbound when a vehicle swerved into the bike lane, struck Costa and ran him over. The driver then sped away from the scene of the crash. Costa was taken to an area hospital where he later passed away.

CHP officials said Costa was thrown 40 feet from where his bicycle came to rest and probably 50 to 60 feet away from the original point of impact. The hit-and-run vehicle is described as a late model white truck or SUV with a white and red license plate. If you saw this accident or believe you have information about the hit-and-run driver, please call CHP in San Diego, or give my office a call and we can pass on your tip to the appropriate law enforcement agency.

My heart goes out to the family of Edward Costa. Here was a hard working man, a husband and a father of two young children. He was an innocent man going about his business and only to be run down by someone who not only hit him, but also left him to die on the street. Heartbreaking!
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Published on: December 4, 2008

FMCSA Approves New Rule to Keep Sick Truckers Off Roadways

By Brian Chase

The Federal Motor Carrier Safety Administration (FMCSA) has approved a new rule that will require merging commercial truck and bus drivers’ licenses with medical examination certificates into one electronic record. According to this Associated Press news report, this is part of the federal agency’s effort to get medically unfit truck and bus drivers off the road.

Apparently federal officials have been dragging their feet on issuing this rule, which would have prevented medically unfit truckers and bus drivers from getting behind the wheel. FMCSA has also proposed creating a registry of doctors or physicians qualified to award health certificates to these drivers. Medical examiners who fail to meet minimum standards could be banned from issuing these fitness-to-drive certificates.
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