California Injury Blog

Published on: April 28, 2007

Nursing Homes – How To Make An Informed Decision

By Brian Chase

Many of us find ourselves in the ‘sandwich’ generation, so described because while we may still be parenting our own almost grown children we are also faced with the responsibility of caring for our parents. While for most of us it is an honor to help our parents find the very best lifestyle and living arrangements available it can still be a challenge to help our parents continue to enjoy independence and dignity while ensuring their safety and their health.

This subject is close to home for me. My mother was hospitalized this week due to a fainting episode, the origin of which is not yet diagnosed. This isn’t the first time she has had a fainting/falling incident. She has been living on her own in another state where she has her entire network of friends. She now is of the opinion that she needs to be close to her family, here in Orange County. However, she wants her independence and her own space. By fall we will have all three children in college.

Orange County, California is one of the most magnificent places to live whether you are 1 or 100, so it is no surprise that the OC also offers a variety of living arrangements for the feistiest senior, like my mom, as well as for those who may need various degrees of assistance.

In starting the process of finding the best place for my mom, we first had to determine, what level of care does she need? Handling this can be sticky, because it can surely cause hurt feelings and a feeling of the loss of independence, dignity and control on her part.

There are several options available. There are independent living apartment-style arrangements in an activity filled senior setting with meals provided. Then there are various degrees of assisted living where seniors retain their own living space and have whatever combination of other daily living assistance and monitoring is appropriate.
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Published on: April 27, 2007

SUV Rollover Victim Paralyzed – Ford Ordered to Pay Damages

By Brian Chase

A New Jersey jury last week awarded $10.6 million in compensatory damages and $42,500 in punitive damages to a driver who became paralyzed in an accident caused by a defective throttle design in her 1997 Ford Explorer, according to an article in the New Jersey Law Journal posted on the Yahoo Business News Website.

The article also states that Ford Motor Co. may have been spared a monster punitive damages verdict in the SUV rollover case because its lawyer was allowed to tell jurors about the carmaker’s financial troubles and recent mass layoffs.

The lawsuit claimed that the 2000 accident was caused by a defective throttle design in the 1997 Ford Explorer that made its accelerator stick in the closed position. According to the lawsuit, when plaintiff Rebekah Zakrocki, then 21 years old, pressed hard on the gas as she was driving, the vehicle lurched forward. Panicked, she turned the wheel to the left, causing the vehicle to roll onto its roof.

The suit also charged that the “design of the vehicle’s suspension, brakes and geometry gave it a heightened propensity to tip over.” Zakrocki’s right hand was nearly severed in the crash, but doctors reattached it in surgery. She also suffered torn nerves in her brachial plexus, leaving her with only 10 percent use of her right arm, and she can no longer work as a cosmetics salesperson, the article said. After the four-week trial, the jury awarded $8.5 million for pain and suffering, $1.5 million for medical expenses and $1 million for lost wages.

However, the jury reduced the award by 28 percent, factoring in evidence that Zakrocki was speeding and not wearing a seatbelt. After those deductions, the woman will receive about $7 million in compensatory damages. The judge also did not allow the plaintiff’s attorney to present evidence to the jury about Ford’s recall of Explorers for throttle plate problems. Zakrocki received notice of the recall a few months after the crash. Ford plans to appeal the verdict, the article said.
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Published on: April 26, 2007

Nursing Home Neglect Results in $1,500 Fine

By Brian Chase

A woman suffering from schizophrenia and other serious medical problems fell nine times in seven months before anyone at her nursing home acted to prevent further falls, according to an article published in The Arizona Daily Star posted on the Fox News Web site. That nursing home was fined $1,500 by the local health care agency that provides permits for nursing homes.

The woman’s chart also describes six weeks last fall when she was behaving wildly — yelling, pacing, threatening staff and taking off her clothes, among other things. But none of her caregivers connected that to the fact that they failed during those same weeks to give her, her medication 22 times. For failing to provide that necessary care, Santa Rosa Care Center paid a $1,500 fine, a minuscule amount in my opinion, considering the pain they’ve caused the victim and their family.

The woman was not identified in the health department’s report, released to the newspaper last week. In the health department’s online listing of nursing homes, Santa Rosa has a current quality rating of “B,” which means the center is 80 percent to 90 percent compliant with the department’s minimum quality standards. But the center’s violations illustrate the need for improvement at all levels of the elder-care system, said Stewart Grabel, ombudsman and director of elder rights and benefits at Pima Council on Aging.
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Published on: April 25, 2007

E. Coli Tainted Meat Recalled

By Brian Chase

A Merced company has recalled year-old hamburger meat distributed in California and elsewhere after at least three Napa County children became ill with a virulent strain of E. coli, health officials said Friday, according to an article Saturday in the Los Angeles Times. The meat was reportedly produced by Richwood Meat Co. on April 28, 2006, dated either “4-28-06” or “118-6,” for the 118th day of the year, company officials said. Although the product was manufactured a year ago, the patties still may be present in freezers at home or in stores, officials said.

The products were distributed to institutional food services, food distributors, discount grocers and retail outlets such as WinCo and Vons, officials said. The recalled meat also was shipped to Arizona, Idaho, Oregon and Washington. The tainted hamburger patties were served at a concession stand at a Little League field in St. Helena, Calif., about 65 miles north of San Francisco. Health officials found the E. coli strain in remaining frozen hamburger stored by the stand and by the store that sold it the meat, Salami Lady’s Cash & Carry.

Health officials urged the public to throw away any of the recalled meat or return it to the store where it was purchased. It is dangerous to consume even if cooked until black, health officials say. The ill children suffered from bloody diarrhea for three to five days, but none developed the more serious complications of E. coli infection that result in kidney failure, the Times reported. All three children confirmed to have contracted E. coli have recovered, as well as two additional children who showed similar symptoms. No new illnesses have been reported since April 4. The recalled products carry the brand names Fireriver, Ritz Food Service, Chef’s Pride, Blackwood Farms, California Pacific Associates, C&C Distributing, Golbon and Richwood.
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Published on: April 24, 2007

Elder Abuse – Intentional and Negligent – Let the Jury Decide!

By Brian Chase

You better hope you don’t have any elderly relatives residing at the Rainbow Health Care Center in Bristow, Oklahoma! Why? Because Rainbow requires each resident to sign away their right to a jury trial, which means that even if Rainbow intentionally or negligently acts to harm your relativethey must have their injuries evaluated by ,arbitration.

As it turns out, maybe you don’t have to worry – yet, because U.S. Magistrate Frank McCarthy denied Rainbow’s request that they should legally be able to force all new residents to sign an agreement stating that they will not take Rainbow to court regardless of any intentional or negligent treatment they might receive from Rainbow’s staff.

There are a growing number of these types of cases, because nursing homes argue that they should be able to limit their liability to those who have been injured, and that arbitration is the way to go. But, as the baby boomers continue to occupy a larger percentage of the senior population, issues of reasonable and competent care and nursing homes seeking to avoid liability will only continue to loom over the courthouse steps.
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Published on: April 22, 2007

Four Child Drownings Occur in Three Days

By Brian Chase

Two toddlers, an 18-month-old girl and a 3-year-old boy, drowned Wednesday night in a family pool in Mesa, Ariz., according to a news report in The Arizona Republic Newspaper Friday. These are the third and fourth child drowning victims in three days in Mesa. The double tragedy happened a little before 7 p.m. when the children were found by the girl’s aunt and uncle, who said they had been watching television and lost track of time, officials told the newspaper.

The boy was found floating in the pool and the girl was submerged. They were not immediately identified. The boy was described as a family friend. Police said the pool had a fence and a gate, but that officials are still unsure about how the children got to the pool.
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Published on: April 22, 2007

Defective Toys Recalled After Injuries Are Reported

By Brian Chase

The Consumer Product Safety Commission and Mega Brands America have recalled more than 4 million units of Magnetix Magnetic building sets after one death and 27 intestinal injuries were reported after small children swallowed loose parts, according to an article posted on the Watchdog Website.

Not included in this recall are the company’s products sold since March 31, 2006 that are labeled 6+ and sets that contain the warning: “CAUTION: Do not ingest or inhale magnets. Attraction of magnets in the body may cause serious injury and require immediate medical care.”

Several children were reportedly seriously injured before the company launched the recall. Emergency surgical intervention was needed in all but one case. At least 1,500 incidents of magnets separating from the building pieces have been reported. Although the hazard was initially thought to be a problem primarily for children younger than six, it has since been learned that at least 10 injuries involved children between the ages of 6 and 11.
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Published on: April 21, 2007

Pedestrian Injury Results After Driver Runs Red Light

By Brian Chase

A driver running a red light at a Gardena intersection hit a 3-year-old boy and his mother — severely injuring the child — as they were crossing Crenshaw Boulevard at 135th Street, according to an article published in the Daily Breeze. The driver, 75-year-old Eldon Davis of Inglewood, struck the pair as they were walking on a marked crosswalk after failing to stop for a red light, according to a California Highway Patrol official.

The car then veered off the road and hit a power pole near the intersection’s northeast corner, pushing the young boy into a storm drain, he said. Emergency crews responding to the 5:30 a.m. accident freed Jeffery Mathelus from the ditch and transported him with his mother, 26-year-old Guirlaine Bonhomme of Hawthorne, to County Harbor-UCLA Medical Center, according to the report. Bonhomme suffered moderate injuries, while her other child, a 5-year-old who was crossing the street at the same time, was not struck or injured. Officials say they are “worried” about the 3-year-old’s condition.

Hospital spokeswoman Julie Rees said the family requested that no information be released about their conditions. Davis, who suffered minor injuries, was taken to Centinela Freeman hospital in Inglewood. Highway Patrol officers were continuing to investigate the accident Friday afternoon and had not determined whether the morning rain showers contributed to the crash. But CHP officials said it wasn’t raining when they got there but that the roadway was damp. Davis has not yet been arrested in connection with the accident because the investigation is pending.
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Published on: April 20, 2007

Elder ‘Sexual’ Abuse and Neglect in San Bernardino

By Brian Chase

Larry Hoover used to be one of the managers of the Leisure Pointe Retirement Center in San BERNARDINO, and he lived at the complex with his wife. But on January 31st Hoover resigned his job and left Leisure Pointe, after admitting that he had used his master key to enter the apartments of two elderly women-then sexually assaulting them, as reported by The Press Enterprise.

Two lawsuits, which stem from Hoover’s despicable behavior, have been filed. The lawsuits are against a Salem, Oregon based company, Holiday Retirement Corporation, and allege that company knew that Hoover had been harming two elderly women-one 87 and one 101 years of age since December of 2005. And, while it is utterly unbelievable, no one called the police regarding Hoover’s abuse of these women until February 6th a full 6 days after Hoover resigned his job on January 31st. In fact, after complaints by the women’s care givers to another one of the managers, that manager failed to do anything but order Hoover to stay in his own apartment-he did not call the police! While San BERNARDINO police are still investigating these cases, Hoover has not been charged.

Now Leisure Pointe Retirement Center has also been issued a type ‘A’ citation, the most serious type of citation, but not for the sexual abuse, but because officials allege that Leisure Pointe Retirement Center is caring for residents without a license, according to The Press Enterprise.
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Published on: April 19, 2007

Foodborne Illness Victim Sues Local Souplantation

By Brian Chase

A 72-year-old woman who said she ate at a Souplantation in Lake Forest during the recent E. coli outbreak has sued the company for allegedly serving contaminated food that caused her kidneys to fail, according to an April 17 article in the Los Angeles Times story. Alice Secrist was reportedly hospitalized April 3 at Irvine Regional Hospital and Medical Center with abdominal cramps, bloody diarrhea, dehydration and fatigue, according to the lawsuit filed Monday in Orange County Superior Court.

Secrist, who needed dialysis, did not test positive for the bacteria because she was taking antibiotics before she was hospitalized, her attorney told the newspaper. It is possible to be infected with E. Coli and yet not test positive, stated Orange County health officials. The woman’s doctors also told her that she was suffering from a “classic case of E. Coli,” her lawyer said. The lawsuit seeks unspecified compensation for medical expenses, loss of income, legal fees and other damages.

Secrist, a Rancho Santa Margarita resident, ate at the restaurant’s salad bar on March 23 with a friend, according to the article. A few days later, she went to a clinic with “intense abdominal cramping and was prescribed antibiotics.” Her attorney said she was still sick and returned to a doctor who sent her to a hospital. He said Secrist was only recently released from the hospital and that “her digestive system will be completely in turmoil for at least a few months.”
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