California Injury Blog

Published on: November 19, 2008

U.S. Regulators Sue to Shut Down Heart Drug Manufacturer

By Brian Chase

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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Published on: November 18, 2008

Man Killed in Orange County DUI Accident

By Brian Chase

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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Published on: November 18, 2008

Orange County Swimming Pool Accidents Claim Two Lives in Three Days

By Brian Chase

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.
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Published on: November 17, 2008

Orange County DUI Accident Injures Three

By Brian Chase

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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Published on: November 14, 2008

Charles Boyk – Best Ohio Personal Injury Attorney

By Brian Chase

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.
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Published on: November 14, 2008

California Deer Causing Increased Vehicle Accidents

By Brian Chase

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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Published on: November 13, 2008

Negligent Nursing Homes Could Get Taxpayer-Funded Bonuses

By Brian Chase

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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Published on: November 13, 2008

Mattresses on Highway 680 Cause Fatal Auto Accident in Concord

By Brian Chase

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.
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Published on: November 12, 2008

Los Angeles County Pedestrian Accident Kills Man

By Brian Chase

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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Published on: November 12, 2008

Texas Woman Sues ConAgra Foods over Salmonella-Tainted Peanut Butter

By Brian Chase

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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