Personal Injury News: Pick Of Last Month: Jul-2020

Pedestrian Crosswalk Accident Leads To $13.1M Settlement

A plaintiff who was catastrophically injured and became a quadriplegic after an accident happened on 15 January 2016, won $13.1 million in settlements.

According to the court documents, the collision occurred at the intersection of Willow Pass Road and Bella Vista Avenue in Contra Costa County, when the plaintiff was crossing the street in a marked, uncontrolled crosswalk. An Eastern Contra Costa Transit Authority (ECCTA) bus was parked at a bus stop, which is about 50 feet near to the crosswalk. The bus stop is considered near-side and hazardous as it obstructs the view of pedestrians and drivers, increasing the likelihood of a crash. A similar situation happened with the 31-year-old plaintiff, when a van, traveling at 37 miles per hour, in a 25 mile per hour zone, struck her.

The plaintiff suffered extensive skull fractures and brain bleeding leading to multiple surgeries, including a craniotomy. She also developed hydrocephalus several months later, a chronic condition that occurs when cerebrospinal fluid accumulates in the brain. She became a quadriplegic and now requires 24/7 attendant care due to the injuries.

A lawsuit was filed against the van driver, ECCTA, and Contra Costa County, alleging negligence of the van driver, and dangerous conditions created by ECCTA and Contra Costa County. The van driver did not remember seeing the plaintiff before the impact, but the van's data recorded revealed a slight depression of the car brakes.

In 2018, ECCTA settled for the insurance policy limits for $2 million. Contra Costa County and the van driver both settled the lawsuit for an additional $11.1 million, a week prior to the trial after their motion for summary judgment was rejected by Judge Jill Fannin.

Family Of Student Died During Conditioning Drills Gets $1M

The family of an incoming freshman at Middleton High School who collapsed and died during football conditioning drills will receive a $1 million settlement from the Hillsborough County School board.

The incident happened in 2019 at Middleton High School, where the 14-year-old collapsed during football conditioning drills and died less than an hour later.

According to a letter from July 2019, indicating the family's intention to sue, the boy's father informed the coaching staff on the first day of training that the boy had never participated in rigorous physical training, and would need appropriate instruction, supervision, and guidance.

During an internal investigation, the superintendent at the time of the boy's death said that incomplete records and athlete clearance forms were found. Eakins also informed that on the day of the drill, athletes were told to walk, not run, and have water breaks every 10 minutes.

Later, the school district removed two administrators from Middleton High School and also appointed one certified athletic trainer at each of its 27 high schools.

The settlement was approved by the school board in the early weeks of June with an intention to continually improve processes and systems for students.

S.I. Family Receives $12.5M In Medical Malpractice Lawsuit

A medical malpractice lawsuit brought by a Staten Island couple against a New Jersey hospital and its medical staff over the amputation of their young son’s leg due to complications from tonsil surgery was settled for $12.5 million.

According to the court filings, the boy was 5 years old at the time of the surgery. The child underwent surgery to remove his tonsils and adenoids at a medical center in Livingston, in April 2015.

During the surgery, complications arose, and doctors punctured both of the boy’s femoral arteries, trying to establish lines in them after which he was placed on a ventilator and put in the pediatric intensive care unit. Doctors and nurses were required to closely monitor the circulation in the boy’s legs to make sure it was not impaired by blood clots. But clots developed in his right leg, cutting off its blood supply and making the leg cold and discolored.

As no proper treatment was administered, the boy was taken to a children’s hospital in Philadelphia, where his right leg had to be amputated below the knee.

The medical center agreed to the settlement that will provide for the future medical care and needs of the boy, who is now 10 and uses prosthesis and a wheelchair.

In 2013, a newborn suffered multiple injuries that included hypoxic-ischemic brain damage due to careless medical authorities. The medical malpractice lawsuit was settled for $73.2 million by the Santa Fe jury a record amount to be awarded for a medical malpractice suit in New Mexico. 

CarMax Agrees To Pay $1.6M To Settle Environmental Lawsuit

On June 16, CarMax settled an environmental lawsuit for $1.6 million after it was held accountable for violating laws and dumping hazardous materials in dumpsters at company stores across the state, including two in San Diego County.

According to the lawsuit brought by 16 District Attorney’s Offices throughout the state, including San Diego County, the stores in Kearny Mesa and Escondido were found to be out of compliance with hazardous materials and hazardous waste laws.

During an undercover investigation done throughout a year, it was found that materials such as auto body sanding dust, sanding pads, automotive paints, clear coats, solvents, non-empty aerosols, and other hazardous substances used during the auto body repair process were illegally disposed at CarMax stores between 2014 and 2020.

The settlement will include $1 million in civil penalties, $300,000 for investigation costs, of which nearly $60,000 will go to the San Diego County District Attorney’s Office, and $300,000 to fund supplemental environmental projects furthering consumer protection and environmental enforcement in California.

CarMax also implemented mandatory training, reporting, and compliance programs with regulations on handling hazardous materials and hazardous wastes as a part of the settlement deal.

Paramedics Negligence Lawsuit Settled For $2.75M

A Hillsborough County jury awarded $2.75 million in settlements to the family of a 30-year-old stroke victim who died due to medical negligence of the county's ambulance crew.

According to the lawsuit, the victim was found unconscious in the early morning hours of July 4, 2018, by her mother. She instantly called 911 for help and informed that her daughter had a swollen lip and was drooling on the bathroom floor.

The suit further states that four paramedics, along with an in charge, were at the scene when the victim was vomiting and complaining of headache and sensitivity to light. The victim was rushed to a Temple Terrace emergency room operated by Brandon Regional Hospital as she suffered from seizures on the way. Doctors determined that she suffered a stroke resulting in a swelling of the wall of an artery and acute bleeding in her brain. She was taken to Tampa General Hospital, where she was in a coma for five days and died later.

County Administrator apologized to the family, disciplined the four medics, and fired the in charge of the ambulance crew. He even added that the disaster was a result of the country's lack of care and service.

The approval of the settlement came in June, ordering the county to pay $300,000 to the estate of the deceased and the remainder due of $2.45 million, the family plans to seek next year in Tallahassee if approved by the state Legislature and governor.

A similar lawsuit was filed in 2017 against a hospital for the medical negligence of a 70-year-old woman. The careless procedures and treatments from the hospital authorities resulted in one of her legs being amputated, and she was paralyzed from the waist down. She underwent 35 surgeries and required constant care post the surgeries. She received $17 million as a settlement for the damages.

Family Of Oildale Woman Died In Crash Gets $2.5M

A wrongful death lawsuit involving Kern County sheriff’s deputy who ran a red light and killed an Oildale woman has settled for $2.5 million.

According to the lawsuit filed in 2016, the collision happened on September 24, 2014, when the defendant was traveling at 85 mph on North Chester Avenue ran a red light and struck the driver-side of the women's vehicle, which was traveling east on West China Grade Loop at 43 mph

The lights and siren of the defendant's vehicle were activated at the time of the crash, but the California Highway Patrol (CHP) found that the speed reduced their effectiveness. He was on his way to assist another deputy in connection with a fight at the Long Branch Saloon.

The lawsuit was filed against the county in U.S. District Court in Fresno, alleging the actions of the deputy as negligent and reckless. A CHP investigation indicated the defendant at fault in the crash because he entered a “solid red light” while speeding.

In 2017, the defendant pleaded no contest to misdemeanor vehicular manslaughter and was sentenced to 240 hours of community service, and was no longer with the sheriff’s office at the time of the plea agreement. The settlement amount will be given to the two adult children of the victim.

Earlier in March 2020, a similar incident took place when a Drug Enforcement Administration's (DEA) Special Agent rammed into the rear end of a man from Long Beach. The crash caused permanent disability to the man for which he received $900,000 as a settlement from the government.