Southern California Injury Law Blog

Last week an Orange County jury awarded $3.1 million to a woman who suffered a medication overdose at a skilled nursing home that left her brain damaged. Barbara Lefforge, only 57 years old was sent to St. Edna’s center for rehabilitation after a tendon repair surgery. She had only been there 5 ½ hours when the medication error occurred, explained an Orange County injury attorney.

According to court records, after her surgery her doctor recommended that she stay at St. Edna’s skilled nursing facility until she recuperated. She was mistakenly given 50mg of morphine instead of 50mg of Demerol. Since this was such an excessive dose, Lefforge’s attorney argued that medical personnel should have questioned that dosage order. Moreover the staff pharmacist even warned that the dosage was too high, but Lefforge’s doctor had doubled it, so she was given that quantity of medication.

Lefforge was left unmonitored until the next morning when she was found barely breathing due to the medication error. She had suffered from a major overdose of morphine. After being taken to the hospital, it was established that she had suffered a brain injury from the excessive morphine dose.

St. Edna Rehabilitation Center is one of 25 California rehab facilities owned by Covenant Care. Since 2004, they have accepted more than $880 million in additional compensation from the state for increased wages and staffing. According to the non-profit group, “California Watch”, it found that many Covenant Care facilities actually reduced their staff and let nursing ratios go below state standards during this time.

Tragically this is not an isolated case. Nearly one in five dosing orders of all nursing homes and hospitals has medication errors. These odds are unacceptable. In many cases, these patients are there for short stays while rehabilitating, not lifelong residents. It is for this reason that every citizen should have an up-to-date medical directive.

Only about 20% of Americans have a medical directive document; however, explained an Orange County injury attorney, it is one of the most important documents a person can have. The Advanced Health Care Directive is the best way to make known your health care wishes if you are incapacitated and can’t communicate your wishes.

Unfortunately, just telling your wishes to your husband or wife does not automatically ensure that they will be honored. Here in California, the law gives you two options for your directive: you can either appoint another person who can make the decisions for you or you can make your desires known through writing your own advanced directive. Either way, it’s important to meet with a professional lawyer to discuss your legal options.

If you have a loved one in any type of nursing facility, it would be wise to double-check that their medical directive matches the instructions that the staff has. If you have any questions or concerns regarding a nursing home in California, visit www.nursinghomeguide.org/ for a complete listing by city or county of local elder facilities and their violations, staffing policies, and complaints.

James Ballidis is an Orange County injury attorney specializing in injury claims arising from medical malpractice and medication errors, subjects on which he has written extensively. To request a copy of one of his articles or to discuss your rights and options after an accident, feel free to call 866-981-5596.

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Posted In: Medical Malpractice

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High prices at the pump, warns an Orange County injury lawyer, are not the only thing California residents should be concerned about at Southland gas stations: in the past few months, defective spray nozzles have caused several injuries throughout the state, including one serious enough to require hospitalization.

The state fire marshal is warning all California residents to the possible spray hazard of the VST made nozzle and has issued a directive to thousands of service station operators to remove the 30,000 “open hold” latches that are in question. These latches are convenient due to the fact that you can go wash your windows at the same time the latch allows the pump to run without you holding it. This will affect approximately one-third of all California service stations.

Just last month there were accidents here in Orange County as well, in both Huntington Beach and Santa Ana, according to an Orange County injury lawyer. In fact half of all the incidences have been in Southland. The accidents are under investigation and the latches are being removed as a safety precaution until the results of an inquiry into the defective spray nozzles.

The California state fire marshal cited that this is “a hazard to the public and welfare”. Besides the obvious safety issues of gasoline that is being spraying onto your face and eyes, there is a real fire danger as well. Most Service station owner, obviously concerned for the customer’s safety and possible liability issue, are removing the latches immediately.

Daniel Berlant from the Department of Forestry and Fire Protection is setting up mandates for Service station owners to be complied with by Oct 15, 2010 They have the option to:
• Possibly revert back to employee pumping only
• Removing the convenience of paying at the pump, going inside to pay
• Remove all latches from the VST nozzles

One additional warning is to never put another object like a bottle or can to hold the nozzle in your tank. This could unfortunately cause the same problem.

Currently the deadline to remove all of the latches is required by October 15th. If you still encounter a gas station that has not removed the latch, an Orange County injury lawyer advises that you utilize these safety precautions to avoid an injury.

Since most accident are occurring once you have picked up the nozzle and then push your selection for type of fuel, experts are suggesting that you put the nozzle into the tank hole before you select the grade of gasoline. This will prevent most of the spray accidents. However, if the latch is still attached to the nozzle, there is still some danger of getting sprayed when you remove it. To be on the safe side for now, try to use only nozzle pumps with no latches attached.

After Oct. 15th, gas stations that have not complied with this order will be shut down.

James Ballidis is an Orange County injury lawyer specializing in injury claims arising from accidents resulting from defective products and manufacturer negligence. He has written numerous articles on subjects relevant to personal injury law. To request a copy of one of his books or articles, or to discuss a specific case, feel free to call 866-981-5596.

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Posted In: Injuries

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A family of three was killed recently when a runaway truck smashed into their home in central California. The truck driver was driving along state highway 154 in Santa Barbara and while merging his truck onto State Street, his brakes suddenly failed. He then proceeded to hit several parked cars and go over an embankment and finally hit the occupied home that had a young family living there, explains a California injury lawyer.

As the California Highway Patrol crash investigation team tries to reconstruct this accident, they did comment that alcohol was not a factor but that brake failure is suspected. The driver admitted that that the brakes were not working correctly when he picked up his load in Santa Ynez. The driver attempted to use all brake resources available; both hand and foot brakes but nothing could stop this truck.

Although many truck accident fatalities are caused by driver fatigue, a recent Department of Transportation (DOT) report found that 29.4% of large truck crashes occur due to brake failure. Another common truck accident cause is tire blowout due to worn tires or trucks not loaded properly.

When brakes malfunction and the driver’s behavior causes serious personal injury or in this case, wrongful death, who do you blame? Should the driver have fixed the issue instead of proceeding with his schedule? Was there a mechanical problem? Had maintenance been overlooked due to budget cut-backs and busy schedules? Was the mandatory brake pre-brake inspection performed?

Hiring the right California injury lawyer for counsel is advisable when you are struggling with specific truck industry issues and laws.

The trucking industry is a powerful organization; generating revenues of $610 billion per year, a figure that is set to double by 2015. Commercial trucking is here to stay but that means more cars must share the nation’s roads with even more trucks. Currently, one in eight traffic fatalities involve a trucking collision.

California is second only to Texas—which has the highest rate—in the number of truck fatalities that occur in the state each year. Investigations reveal that the primary causes of most truck accidents are fatigue and lack of sleep. In fact another runaway truck crash occurred in Northern California earlier this month and killed an innocent man. The CHP is still investigating with The Department of Transportation, DOT. Currently, they are investigating around 20 similar cases.

Clearly this is a situation that is not going away and needs to be resolved before more innocent people are tragically killed. Our thoughts and prayers are with the surviving relatives of these truck fatalities.

James Ballidis is a California injury lawyer specializing in truck accidents. He has written numerous articles on trucking accidents. To request a copy of one of his articles or to discuss a specific case, feel free to call 866-981-5596.

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Posted In: Truck Accidents

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Further investigations at the two Iowa farms to which the nationwide salmonella outbreak has been linked have revealed safety violations of regulations implemented by the Food and Drug Administration, FDA, in July. FDA officials found live mice, salmonella-infested water, and leaking manure. Contaminated chicken feed was initially found to be the source of the over 1,500 cases of salmonella poisoning recorded throughout the United States over the past few months, explains a California injury attorney.

Both farms have been sited on numerous occasions in the past for safety violations. Austin “Jack” DeCoster, the owner of Wright County Egg, the farm responsible for the recall of 380 million eggs earlier this month, paid $2 million in fines in 1997 for health and safety violations, including unguarded machinery, electrical hazards, and unsanitary conditions, such as bacteria infestation; in 2000, the state of Iowa prohibited him from building additional farms for violating environmental regulations, including allowing hog manure to leak into waterways; and, as recently as last June, he paid out $125,000 in fines for animal cruelty violations. Contaminated chicken feed found at Hillandale Farms—a major source of California’s eggs—was also linked to DeCoster’s farm.

“The fact that this individual has repeatedly jeopardized the public’s health and is still permitted to continue producing food for the population suggests a disturbing degree of inefficacy on the part of our country’s food and drug regulation system,” remarked a California injury attorney.

Despite having 15 federal agencies and over 24 congressional committees tracking the food supply, the United States has experienced a months-long salmonella outbreak that has impacted hundreds of lives. Until safety regulations are improved and implemented more efficiently, consumers should take precautions to avoid food-borne illnesses, such as thoroughly cooking eggs, washing hands before and after handling raw eggs, and immediately discarding cracked eggshells.

For information on the rights of individuals who have suffered food-borne illnesses as a result of safety violations or to discuss a specific case, feel free to call California injury attorney, James Ballidis, at 866-981-5596.

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Posted In: FoodBorne Illness

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According to the Centers for Disease Control, CDC, hundreds of Americans have become ill in the last 2 months due to salmonella-contaminated eggs sold throughout California and other states. The CDC has received reports for approximately 200 cases per week since early July, explains Orange County injury lawyer, James Ballidis. At this time, over 380 million eggs are affected.

The tainted eggs come from Wright County Farms in Galt, Iowa. This farm has had several violations and has spent millions in fines for past contamination issues, explains Orange County injury lawyer, James Ballidis. This is said to be the largest outbreak in the U.S. in 20 years. The following brands are unsafe to eat and should be returned to the store for a full refund. Albertsons, Farm Fresh, Glenview, Mountain Dairy, Ralphs, Boomsma, Lund, Pacific Coast and Kemp all are recalled with the specific plant numbers “P-1720” and “P-1942”. The plant number will be stamped under the best buy date on the side of the egg carton flap. Other tainted plant numbers are “P-1026”, “P-1413” and “P-1946”

The staggering impact of food borne disease in the United States is unacceptable and causes 76 million illnesses each year. Moreover, of those illnesses, 325,000 are hospitalized and 5,000 die. The Food and Drug Administration, FDA had installed new egg safety procedures in early July.

The new procedures are seen to be more proactive by eliminating salmonella contamination in their flock before they lay eggs, instead of testing after the eggs have been processed. This procedure has been used in several European countries since the 1970s where they have virtually eliminated salmonella contaminated poultry products.

How would you know if you have salmonella poisoning? Symptoms include abdominal cramps, fever, and diarrhea that occur 12-72 hours after eating the contaminated food. Vomiting and chills may also occur and will typically last from 4-7 days.

The CDC’s website on food safety, www.cdc.gov/ , covers correct egg storage and basic food handling measures. For additional safety tips such as basic food borne illness prevention, visit www.foodsafety.gov/ On this site you will find great tips on how long to store leftovers and cooking temperature limit on eggs and meat products.

Lastly, a California meat company is also recalling one million pounds of frozen hamburger patties. The meat patties have been distributed throughout California and come from “Valley Meat Company” of Modesto. For a complete list of serial numbers and intuitional providers, visit, www.fsis.usda.gov/FSIS_Recalls/Open_Fedral_Cases/Index.asp

Food borne illnesses are especially serious for people that suffer from chronic illnesses, pregnant women, young toddlers and elderly people that have compromised immune systems.

For information on the rights of victims of food borne illnesses or to discuss a specific case, feel free to call Orange County injury lawyer, James Ballidis, at 866-981-5596.

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Posted In: FoodBorne Illness

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Recently, the driver of a vehicle failed to see an elderly man crossing the street and struck him. The accident occurred on the hospital grounds where the elderly man had just visited his doctor. He sustained serious injuries from the pedestrian accident, including fracturing in both of his ankles—one of which was completely shattered and required metal screws to hold it together. He was treated at the hospital and underwent several days of rehabilitation. He was confined to a hospital bed, one leg in a cast, and the opposite foot in a boot. Toward the end of his stay, hospital attendants approached him with a large stack of papers, informing him that he could not leave until he signed them, recounts the Orange County injury attorney who ultimately helped the man.

“One of them was a document with a lot of legalese—it said something about third party liability,” recalls the accident victim. “I didn’t really understand. In order to get out of the hospital I went ahead and signed all the documents.”

What the elderly man did not understand was that he was signing away his right to any money that he would receive in the accident settlement. The hospital preferred his settlement money as compensation for its services to the amount Medicare would pay out—in effect forcing this preference on him.

“This is becoming an increasingly common phenomenon,” explained an Orange County injury attorney. “Accident victims leave the hospital with no claim to the money they will need for the medical attention their injuries require in the months following the accident, not to mention pain and suffering and lost wages.”

Fortunately, an Orange County injury attorney was able to help the man. After numerous negotiations, and much persistence, the lawyer persuaded the hospital to accept the man’s Medicare insurance as compensation and release the rights to the settlement money back to him. He is home now, recovering from his injuries, and “very pleased” with the outcome of this case.

To watch the man tell the story in his own words, visit http://www.youtube.com/watch?v=IX4G-DR0kGg&feature=youtube_gdata_player

James Ballidis is an Orange County injury attorney specializing in pedestrian accidents. He has written extensively on the subject. To discuss your rights and options after an accident or request one of his books, feel free to call 866-981-5596.

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Posted In: Injuries

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One of Orange County’s most popular beach cities, Huntington Beach or “Surf City” will now be charging tourists and non-residents up to $3,000 if you are at fault for an auto accident within the city limits. Additionally, if you have a car fire or cause a power line to fail, you will be billed for city services, explains a California injury attorney.

As California and many of its cities wrestle with one of the worst recessions in recent history, now cash strapped cities are creating new revenue streams such as charging for emergency services, installing red light cameras and raising parking ticket fees.

Injury auto accidents spike during the summer months when Huntington Beach gets between 13 and 16 million summer visitors. City officials claim that this puts a huge impact on emergency services when accidents occur, especially injury accidents which require the fire department and ambulances. It is estimated that non-residents are involved in approximately 300 car accidents per year, costing the city around 3 million dollars.

Starting next month, emergency service fees will be as follows:
• $595 for any car accident
• $405 per hour if a fire truck is needed
• $210 per hour if the fire chief shows up
• $750 if the vehicle is on fire
• $1,995 if someone needs to be extracted from their car

Automobile insurance rates may increase, explains a California injury lawyer, due to the fact that the at-fault driver’s insurance company will get the bill. If you are uninsured you will get the bill directly. Councilman Devin Dwyer opposes the new fees stating that they will ultimately just shift the monetary burden around, and in the end, the consumer will pay higher premiums.

Other Orange County cities such and Costa Mesa, Santa Ana, Garden Grove and Fullerton have similar programs for charging non-residents for accidents that they cause.

The Orange County Transportation Authority just released its “top 25 list” of the O.C.’s busiest intersections, and the top 5 are in the Huntington Beach/Westminster area along Beach Boulevard. Heavy volume usually equates to higher accident rates.

What do you think? Should property taxes cover emergency services or should those negligent cover the costs of car crashes?

James Ballidis is a California injury attorney specializing in automobile and motorcycle collisions. He has also written numerous articles on these and other subjects relevant to personal injury law. To discuss your rights and options after an accident or to request a copy of one of his articles, feel free to call 866-981-5596.

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Posted In: Car Accidents

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At some time near midnight on Friday August 20th, 85-year-old Sunny Poate was crossing Harbor Boulevard in Costa Mesa when the driver of an SUV fatally struck her. While there were no markings indicating a crosswalk, police said the elderly woman was legally crossing the eight-lane boulevard: at that particular location, Date Place and Harbor Boulevard form a T-intersection where pedestrians are allowed to cross as long as they do not interfere with traffic. The driver of the SUV claimed not to have seen the elderly woman crossing, reported the Los Angeles Times.

Multiple-lane boulevards and highways pose a serious threat to crossing pedestrians, according to an Orange County accident attorney. According to the National Highway Traffic Safety Administration (NHTSA), 4,784 pedestrians were killed in traffic accidents in 2006 and 61,000 were injured. The likelihood of a pedestrian accident increases with the number of lanes the roadway has.

Raising medians in multi-lane roadways, improving lighting for nighttime crossing, and illuminating the cross walk with yellow lights that flash during designated crossing times are just some techniques for increasing pedestrian safety in cross walks.

We would like to offer our condolences to the family of Sunny Poate. They will be in our thoughts and prayers. If they, or anyone who has recently lost a loved one in an accident, have questions regarding their rights and options, an Orange County accident attorney is available to speak with them any time at no charge: 866-981-5596.

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At about 7:30 a.m. this morning, four bicyclists were riding westbound on Mulholland Drive when the 81-year-old driver of an Audi A-4 made a left-hand turn from the eastbound lane and struck them. Three of the cycling accident victims sustained serious injuries and were airlifted to UCLA Medical Center; the fourth cycling accident victim suffered minor injuries. The accident is currently under investigation, reported the Los Angeles Times.

Cycling accidents often occur when a driver is attempting to make a turn and either does not see the bicyclist or underestimates the time in which it will take for the bicyclist to reach the intersection, explained a California injury lawyer. Multiple Newport Beach cycling accidents have occurred since July 2009, the majority of which have been attributed to dangerous turning.

We hope that the injured bicyclists mentioned in this story will make a full recovery. Our thoughts and prayers go out to them and their families during this difficult time.

After an accident, if you have questions about your rights and options and would like to speak with a California injury lawyer, feel free to call 866-981-5596.

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Posted In: Bicycle accidents

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Less than one week after an off-road racer lost control of his modified Ford Ranger and crashed into a crowd, killing 8 and seriously injuring 10 spectators, the federal agency responsible for managing the land on which the tragic accident occurred has issued a permit for another desert race, reported the Los Angeles Times.

“As a recreational activity, off roading is already extremely dangerous and mired in significant litigation,” noted an Orange County injury lawyer. “Turning it into a spectacle involving hundreds of people only amplifies the risks.”

In response to media and public criticism for allowing another desert race so soon, the U.S. Bureau of Land Management (BLM) explained that it had thoroughly reviewed the safety rules outlined in the permit with the promoters of the upcoming race, the American Motorcycle Association—rules that hopefully will be followed this time.

The promoters of the fatal August 14th desert race, Mojave Desert Racing of El Monte, were also issued a permit requiring them to keep off-road racers more than 50 feet away from the crowd. Not only did the promoters neglect to comply with this stipulation, the BLM failed to enforce it. Spectators stood just a few feet from the racecourse. According to the California Highway Patrol, the Ford Ranger landed less than 10 feet from the racetrack. Had this rule been followed, or at least enforced, this accident would not have occurred.

While the BLM has suspended Mojave Deseret Racing from putting on any more desert races until their investigation into the accident has been concluded, the agency will continue to issue permits to off-road racing organizations contingent on their safety records.

“The number of fatalities and serious injuries resulting from accidents involving recreational off-road vehicles (ROVs) has continued to escalate since their introduction to the commercial market in the 1990s," explained an Orange County injury lawyer. “With over 245 million acres of BLM-managed land, one can only hope that desert racing does not become as prevalent as off roading.”

James Ballidis is an Orange County injury lawyer specializing in ROV and motorcycle accidents. For questions about your rights and options after an accident, feel free to call 866-981-5596.

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Posted In: Car Accidents

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A pedestrian is injured every nine minutes in the U.S. and is killed every two hours. Findings from a 5 year research study from the U.S. Department of Transportation find that surprisingly more pedestrian crashes occur within the marked crosswalk than unmarked ones.

This study identified several cities around the U.S., including two in California, in an effort to identify trends or obvious safety issues involving pedestrian vs. car accidents. The most interesting discovery was to find that pedestrian accidents occurred inside crosswalks in two-thirds of all cases. Additionally, when there is a crosswalk involving crossing of 4 or more lanes, the rate of accidents goes up substantially. Our experiences as an Orange County pedestrian accident attorney, mirrors the statistics. Very frequently, we have clients struck while crossing large streets more often than small ones.

Psychologically we may believe we are safer in a crosswalk, but data shows that we must be just as vigilant whether we are walking in a marked or unmarked crossing. Marked crosswalks give pedestrians a false sense of security.

Last month a jury awarded $12.2 Million to the family of Emily Liou, a young 17-year old girl who was severely injured while crossing at a marked crosswalk. Tragically, she sustained permanent brain injury which leaves her in a vegetative state. She will require extensive medical care for the rest of her life.

The California court found that Emily’s injuries were caused by both the negligent driver and Caltrans. The California Department of Transportation was found to have known that the intersection was hazardous and had several previous fatalities.

Liou family’s personal injury attorney’s worked hard for the family and proved that CalTrans put too much emphasis on vehicle safeguards and not enough on pedestrian safety. They had never inspected that crosswalk so were unaware of the inherent lighting issues at night as well as southbound vehicles not being able to visualize the marked intersection due to that fact that it lies at the crest of a hill.

The jury found CalTrans 50% negligent, the driver 30% and Emily 20% because she was listening to her ipod.

Transportation engineers are now designing more modern crosswalks and hopefully in the future we will have less pedestrian accidents. Planned communities such as in South Orange County are utilizing some high tech improvements to minimize pedestrian accidents.
Proven techniques for reducing accidents are:
• On multi-lane roads using raised medians; this makes it easier to cross the street as well as reduces car vs. pedestrian accidents
• In certain high traffic areas, improved night lighting increases safety
• Having an exclusive pedestrian break where all traffic is stopped during each signal period reduces pedestrian collisions by 50%. This allows more time for slower walkers as well as no right turn on red (RTOR) collisions.
• Marked crosswalks that illuminate flashing yellow lights that are more visible to drivers
Lastly, both drivers and pedestrians need to watch for each other and avoid distractions.

We are pedestrian accident lawyers here to help you if you were a victim of this type of conduct. Call us at 1 866 981-5596 if you need help.

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Posted In: Pedestrian accidents

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In the early morning hours of Friday, August 6, 2010, California Highway Patrol officers were informed of an injured motorcyclist on the transition road connecting the 405 and 73 freeways in Costa Mesa. As paramedics rushed the motorcyclist to the hospital, authorities began the search for the driver who had left the motorcyclist lying on the freeway after striking him with his commercial truck.

“Collisions between cars and motorcyclists are, unfortunately, quite common,” explained an Orange County injury lawyer, “and two thirds of such accidents are the fault of the driver, not the motorcyclist.”

According to recent CHP reports, 17,158 hit and run accidents occurred in 2008, of which 16,930 resulted in injuries and 228 resulted in fatalities. Hit and run accidents often take a greater toll on an accident victim’s life because there is no one to hold accountable. If the negligent driver is present, then the accident victim can, with the help of an Orange County injury lawyer, seek monetary compensation from the driver for medical bills, lost wages, and property loss or damage. If the negligent driver is absent, the accident victim must cover these expenses on his or her own.

Hit and run motorcycle collisions tend to be particularly devastating. Motorcycles lack the protective shell that a car or truck provides, so the injuries motorcyclists sustain in accidents are usually more severe—as well as more expensive to treat.

“The truck driver who caused this accident must be found and held accountable,” said an Orange County injury lawyer. “I would like to wish the injured motorcyclist a smooth and timely recovery. If he and his family have any questions about their rights and options, they can feel free to call me.”

James Ballidis is an Orange County injury lawyer specializing in motorcycle accident claims. He has also written a book to aid accident victims in the process of researching and selecting a reputable lawyer. For legal advice or to request a copy of his book, Avoid Lawyer Advertising Hype, feel free to call 866-981-5596.

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Posted In: Motorcycle Accidents

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