Southern California Injury Law Blog

Pain is the natural side effect from any type of personal injury recovery, including car accidents and major trauma injuries. Unfortunately for the majority of those accident victims, the pain never goes away. We have cataloged the typical injuries from accidents for your use. This is something that accident survivors have always known but now a major pain study by the University of Washington has come to the same conclusion. In fact almost 63% of all trauma patients still experience moderate to severe pain one year later.

This study included 3047 patients ages 18-84. They all had experienced acute trauma from an accident. The researchers followed the people for over one year and discovered most of the pain was reported in the joints and extremities (44%), back (26%) head (11%) and neck (7%). Moreover, 59% of those patients with injury-related pain had three or more painful areas one year after injury.

Pain can rob you of your family time, work productivity and quality of life. Since pain is a component of your claim for damages in a personal injury lawsuit, it is important to choose the best qualified attorney in your area. In Orange County, California, you have the advantage of one of the top-rated personal injury firms in the state, Allen, Flatt, Ballidis and Leslie.

Other findings worth noting in this March 2008 study were that more interventions are needed to decrease chronic pain when treating trauma patients. Pain levels at the 3 month marker were indicators on how long pain severity would continue. Basically, if you had severe pain after three months of a single trauma, most probably you would be experiencing at least moderate pain in one year’s time.

In addition, other recent studies have shown patients with specific injuries like pelvic fractures and lower extremity injuries will most likely experience chronic pain five to seven years after the injury. Of course, this can eventually lead to various forms of disability, post-traumatic stress disorder and depression.

The information for early pain management options should be available to patients so that they can choose the best treatment according to their injury and lifestyle. But where can a person go to get unbiased information? First, always keep a good line of communication open with your doctor and then start with the following resources:

A general overview of evaluating Health Information on the Internet can be found at, http://www.fda.gov/oc/opacom/evalhealthinfo.html.
A comprehensive non-profit organization called the American Pain Foundation has several resource guides for managing and understanding your pain. Here are a few helpful links:
Pain Resource Guide,
Discussion Guide for you and your doctor,
Pain Treatment Options,
Options for Managing pain,
Pain relief: OTC options.

Take care, drive defensively and stay safe.

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A victim of an auto accident had a serious knee injury arising from an impact with the dash board of his vehicle. His injury necessitated multiple surgeries, and kept him from working in his occupation. Michael Mazal of Allen, Flatt, Ballidis & Leslie was successful in negotiating a settlement of the case for $500,000. This represents the largest settlement for a knee injury in the firm's 30 year history.

Congratulations to Mr. Mazal and the entire litigation team of the firm.

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Imagine having your loved one experience a serious personal injury, or worse yet, die during surgery due to a malfunctioning medical device that the doctor had just implanted. Normally in cases like this, survivors are able to sue the medical device manufacturer for some type of damages due to the defective device and get it banned and to protect others so that they wouldn’t be affected. Well, as of last month, the U.S. Supreme Court has ruled, in an 8 to 1 decision, that patients injured by medical devices can’t sue the manufacturer.

Seems hard to believe, but true. What’s more unbelievable is that the legal theory behind this ruling is that the Food and Drug Administration, FDA, the agency that approves the safety of drugs, medical devices and other consumables is doing a good job. With thousands of current recalls on medical devices, not to mention questionable pharmaceuticals and the record number of food contamination outbreaks, do we really trust the FDA is doing the best job possible to protect us?

The FDA’s own advisory committee found that “the agency is so underfunded and understaffed that it’s putting U.S. consumers at risk in terms of food and drug safety”. The FDA has 1,311 fewer employees than it had 14 years and a deteriorating budget with obsolete technology. Moreover, currently 80% of all drugs sold in the United States are currently made overseas and the number of inspectors has gone from 531 in 2003 to just 380 in 2006. How does this lack of inspections make our food and drug supply safer?

Last year the U.S. experienced record numbers of food and drug recalls. Many of our products are now coming from China and they have a dismal record of contaminated food and drugs. Your prior rights in personal injury cases due to defective products and product liability have been severely compromised. The FDA admits that they only are capable of inspecting 2% of the imports coming into this country. This is truly unacceptable and even the advisory committees are helpless to provide change without a major overhaul of federal funding and major budgetary increase from the congress. In an election year and with a financial crisis looming, that probably won’t happen.
Last year, the Journal of the American Medical Association, JAMA, wrote an extensive article on the role of litigation and the release of drug information entitled, “The Role of Litigation in Defining Drug Risks”. The article, written from the doctor’s point of view, argues that often they themselves are unaware of some of the adverse side effects of some drugs. Doctors learn about new drugs from publications of clinical trials or case reports, promotional materials and FDA approval letters. Sometimes the information is limited in nature and only through the discovery process do the accurate, balanced data become known. In addition, sometimes the FDA approves drugs for a specific condition and then the drug is used for other reasons. The system is clearly flawed and needs to be fair for all involved.

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Recently here in Orange County, California, temperatures have skyrocketed up into the 100’s. One unfortunate statistics that goes way up during the late spring and early summer months is leaving your babies and young children in a locked, unventilated car. Nationally In 2007, there were over 749 incidences that caused personal injury to 962 kids, sadly, 187 fatalities occurred. This was the highest fatally rate to date.

Last May, Hayley Wesley left her daughter, Madison in the back of her car for three hours. Her child died of hyperthermia. This week the prosecutor’s office in California sentenced her to three years in jail. However, when you are responsible for the death of your child, I’m sure she will feel guilt for the rest of her life for this tragic error in judgment.

Since the early 1990’s, there has been a tenfold increase in young children’s deaths due to hyperthermia. One theory to explain the increases is that since the introduction of front seat airbags, children no longer sit in the front seat of automobiles. In addition, cars have grown larger; people drive more vans and SUV’s which are harder to view in the back. However, by far the most common excuse for this tragedy is that the caregiver or parent just “forgets” their child.

In a study done recently by Injury Prevention Journal, over 47% of children’s caregivers had forgotten that the child or children were in the back of the car. What’s even more disturbing is that 21% of the these children were left intentionally in the car by the parent. Parents and caregivers need to be educated on the dangers of extreme temperatures that rise quickly in a locked automobile.

In the average closed car, the temperature will increase 19 degrees Fahrenheit in only 10 minutes. After 20 minutes, the increase is 29 degrees and so on. After one hour, the temperature has risen to 45-50 degrees over and above what the temperature is outside. Cracking the window does not have a big factor in cooling the interior of the automobile.
Whether there is a change in a routine or feeling overloaded, sometimes parents do and will forget their kids. Fortunately, some technology devices have recently been created to prevent these types of tragedies. One keychain-type device, developed by a NASA engineer is called the “Child Presence Sensor”. It fits on your key chain and when you exit the car without removing your child from their car seat, the device will beep. Another simpler device is the “Baby Safety Line”. It literally is a colored plastic line that attaches a hook to your baby’s seat on one end, to your ignition keys or dashboard on the other. For a full review of technology devices, visit www.kidsandcars.org/incidents/heat/technology.html
California is one of only 12 states that have laws against leaving children unattended in cars.

It is illegal to leave a child under the age of six years in a car alone, except if there is another person 12 years or older. For our families sake, let’s all slow down a little as we enter into the summer season. Keep your kids hydrated with plenty of water, keep your vehicle cool and don’t leave your children unattended for any amount of time.

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Posted In: Car Accidents , Injuries

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40% of American households with children have guns. Every day at least 3 children die due to accidental firearms’ deaths. On the other hand, the second amendment does allow homeowners the right to bear arms and protect our property. The Supreme Court is now dealing with this exact issue; how do we protect our rights and balance our freedoms without harming our families. The issue specifically deals with the law banning guns in Washington DC, but the high court’s ruling-which is expected in June- could have far-reaching consequences in states like California.

Gun ownership is perceived to be a fundamental right here in the U.S. In fact, a recent CNN opinion poll revealed that 65% of Americans surveyed believed they had a right to own a gun. But along with ownership comes responsibility, and way too many guns are getting in the hands of children who are too young or untrained. This combination can lead to accidental deaths or personal injury. If it has lead to touch your life accidentally or intentionally, we want to here from you. A personal injury attorney will help you through your troubled times. But to my story of sensless injury read on.

Each year more than 16,000 children are injured with guns and since 1990, more than 5,000 kids have died. Many of these incidences are from kids finding guns in a drawer, in a closet or an unlocked gun cabinet in the home. Moreover, in 72% of unintentional deaths and injury cases the firearm was stored in the residence of the victim, relative or friend. The NRA has created a program to teach kids safety in and around guns. Their motto is: “If You See a Gun: Stop! Don’t Touch. Leave The Area. Tell An Adult.” Don’t trust that your child may learn this safety in their school. Talk to your kids about gun safety and never point a gun at anyone.
Common Sense about kids and guns, www.kidsandguns.org/ a safety organization that educates gun owners and children about safety tips has the following recommendations:
Parents who own a gun:
· Unload your gun and lock it up
· Lock and store ammunition separately
· Hide keys where children can’t find them
All Parents:
· Ask if guns are safely stored at places your children visit or plays
· Talk with your children about guns
· Teach young children not to touch guns, and to tell and adult if they find one
I
n addition, Project ChildSafe is a nationwide program that helps ensure safe and responsible firearm ownership and storage. You can search their website for California law enforcement links for a location near you that will give you a free gun ownership safety kit. Visit www.projectchildsafe.org/

Gun ownership varies from state to state, but in California, we have one of the lowest ownerships rates, only 21.3% of households. Only 5 other states have lower rates. However, Orange County does have the second highest registration of assault weapons here in California, next to Los Angeles County. Be aware that if you own a gun, in most cases you are responsible for its proper use. One rare case in 2003 held the gun maker liable for a Californian boy that was shot by his babysitter. However, the jury did spread liability around; gun maker, distributors, parents, etc.

The California Firearms Law of 2006 does protect homeowners from using guns for self defense purposes and to defend themselves from personal attack that would cause them bodily harm. It is your right to keep a gun, but for our kid’s sake, keep it locked and stored safely to avoid any potential personal injury.

One other really effective method of securing a gun is a trigger lock. It works on a combination that only you know. It prevents even a loaded firearm from accidental discharge. It can be unlocked in seconds allowing the protection function of the gun in the home and finally, cannot be broken off even with sledge hammers applied to it. It is a great way to protect your family, and also protect against stolen guns being used in later crimes.

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Traumatic Brain Injury or TBI is a serious brain injury that occurs as a result primarily of motor vehicle accidents or falls. When the head and brain are subjected to rapid acceleration and deceleration, tearing of the nerve fibers occurs, along with bruising of the tissues and subsequent swelling of the area. Moreover TBI’s are so serious that many patients will sustain long-term physical, cognitive or psychological complications for several years. It is one of the most common causes of disability and death in adults.

Continue reading "CALIFORNIA BRAIN INJURY TREATMENT FROM ACCIDENTS ADVANCES" »

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Everyone enjoys going out to eat; no cooking, nice atmosphere, relaxing with your friends. But how clean is your favorite restaurant? Did it get an “A”, “B” or “C” rating during its last inspection? If your favorite restaurant is in Orange County, it does not have an A, B, C rating system like Los Angeles and San Diego counties, only violations. Do you know to ask the restaurant for its lists’ of violations’? Not many people do, but it just may change your eating out habits.

Continue reading "CHECK OUT YOUR FAVORITE RESTAURANTS IN ORANGE COUNTY TO PREVENT FOOD ILLNESS OR INJURY" »

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What happens in Vegas doesn’t always stay in Vegas and sadly could potentially spread HIV and Hepatitis C around the globe. For patients who were treated at the Las Vegas Endoscopy Clinic and others around the Las Vegas metropolitan area, these people live in fear that they could have contracted HIV or Hepatitis C through the staff reusing needles leading to unhygienic conditions at these facilities.

Continue reading "HIV AND HEPATITIS STILL INCREASINGLY LINKED TO MEDICAL FACILITY EMPLOYEES AND USE OF USED NEEDLES" »

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Here in Orange County we are fortunate to have pleasant weather all year around. However, it really will be springtime soon and that means spring forward for Daylight Saving Time. Yes, it’s that time of the year, and while I’m sure you all turned your clocks forward, did you also change your smoke alarm batteries? Working smoke alarms double your families’ chances of surviving a home fire and unfortunately, there are on average 400,000 residential house fires each year here in the United States.

Continue reading "DON'T BE ONE OF 400,000 TO FALL VICTIM TO HOME FIRES. SAVE YOUR HOME AND FAMILY FROM PERSONAL INJURY BY INSTALLING FRESH SMOKE ALARM BATTERIES" »

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The joys of being pampered at a day spa used to include massages, pedicures and facials. In today’s world, spas are now transforming to become quasi medical facilities which both men and women are receiving elective, non-surgical medical procedures. Since 1997, non-surgical procedures have increased a whopping 749%, and it is a multi-billion dollar industry. Moreover, personal injury resulting from medical spa visits has increased 41% between 2005 and 2006.

Continue reading "DAY SPAS ACCOUNTING FOR 41% INCREASE IN PERSONAL INJURY TO CLIENTS" »

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Flash! You’ve been photographed running a red light. Thought you could make it through the intersection but the light turned red. Worried about paying fines or higher insurance rates? Normally drivers should be worried, but here in Orange County, California, up to 25,000 drivers since 2004 have literally “walked away” from any sort of penalty.

A recent Orange County Register investigation discovered that court workers and police rarely complete the lengthy process to punish red-light violators. In some jurisdictions, police are required to match the photo with the car owner. Here in Orange County, though, the court doesn’t need to verify that. Instead, the court will mail out a ticket to the car owner and ask them to identify the photo. There is grey area here and many people just don’t respond to the citation—and get away with it.

Since most of the costs to install and operate the cameras are deducted from revenue fines, this is costing taxpayers a lot of money. Since 2004, the cities involved have lost over 3.5 million dollars.

Continue reading "ORANGE COUNTY CALIFORNIA LACKS ENFORCEMENT CAPABILITY FOR RED LIGHT VIOLATIONS" »

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Posted In: Car Accidents , Injuries

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The recent death of Heath Ledger has brought some attention to the dangers of mixing over-the-counter drugs with various prescription drugs. Moreover, many teens and adults are taking these substances and driving without any concern that it will impact their ability to function behind the wheel of a car and cause personal injury to someone. In recent studies, there seems to be little difference if you use your cell phone, drink alcohol or take drugs when you’re behind the wheel of your vehicle.

Continue reading "DRUGS, CARS AND SPEEDING ARE A RECIPE FOR PERSONAL INJURY" »

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Posted In: Car Accidents , Injuries , Insurance Disputes , Motorcycle Accidents

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A couple weeks ago, PetSmart, one of the largest pet and pet supply retailers suspended sales of all birds in 14 local Orange County stores. In fact, the suspension did expand to 775 stores in 46 states, making it one of the largest bans ever. The main reason is that several birds were diagnosed with psittacosis, a serious bacterial infection which affects mainly birds but can be spread to humans.

Psittacosis affects birds within the parrot family, mainly parakeets, cockatoo's, and parrots. It is treatable if caught in time but in some cases it is fatal to birds. All PetSmart birds are now quarantined throughout their several hundred stores and they all are being treated. Birds typically appear drowsy, eat poorly, have runny eyes and usually have diarrhea.

Continue reading "PARROT RECALL COULD MEAN ILLNESS OR PERSONAL INJURY TO YOUR FAMILY" »

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Backovers is term that is used to explain accidents that occur when a vehicle that is backing up, accidentally hitting toddlers or young children. During the last 4 years, the U.S. has seen a fourfold increase of “backovers”. 474 children have died in the last 4 years and numerous others have been injured. Last September, a California man was devastated when he accidentally ran over his 14 month old son. Because of these numerous deaths and injuries, the Cameron Gulbransen Kids Transportation Safety Act was passed just a few weeks ago.

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Continue reading "DON"T LET YOUR CHILD RECEIVE PERSONAL INJURY FROM "BACKOVERS"" »

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A rear end crash occurs every 17 seconds in the U.S. Whiplash is often the result and over 2 million personal in injury claims are filed each year; 200,000 of those are serious enough to cause long-term medical problems. But what exactly is whiplash? What can we do about it and how safe are our cars?

Whiplash is defined when the soft tissues of the neck are injured by a sudden jerking or “whipping” of the head. This sudden motion strains the muscles and ligaments of the neck beyond their normal range of motion. Even though you may be wearing a seatbelt, the belt will keep your body from moving forward but the head may snap forward, then backward, causing pain and sometimes serious long term pain.

Continue reading "WHIPLASH AND PERSONAL INJURY CLAIMS IN CALIFORNIA" »

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Tort reform is among the many issues being thrown around this election season. It has not been acceptable to limit the rights of people that are injured, for corporate profit and greed. Even President Bush couldn't get his plan passed through a Republican Congress, because of the continued refusal of valid health care claims, the increased lack of control by government over these companies, and ongoing disgust of the public with governmental inaction.

If Democrats regain control In November and have a house majority, major tort reform will still face an uphill fight. Whether you are a democrat or republican, this issue does affect us all and it’s interesting to see where the candidates stand on this issue. Let’s review some of the front runners on both sides before “Super Tuesday” which includes California voters. Democrats:Hillary Clinton and Barack Obama have very similar views on universal healthcare reform, medical malpractice and patient safety.

Continue reading "PERSONAL INJURY TORT REFORM, DO YOU NEED IT?" »

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It took the death of a 15 year old California girl, Brandi Mitock, to pass a law requiring elder