The California Department of Public Health has slapped a $100,000 fine on a care facility in Daly City for nursing home neglect. According to a news report in The Associated Press, Seton Medical Center is facing the most severe penalty allowed under state law in connection with the death of an 81-year-old woman. Officials say, a nurse at the facility left the cap on a breathing tube that was inserted into the woman’s trachea. The woman suffocated and died. State officials said the nursing home received the maximum penalty because it did not have a policy in place for properly inserting the device, which is known as a “T-piece.”

I offer my deepest sympathies to the family members of this elderly patient who died as a result of negligence. They will be in my thoughts and prayers.

Serious Deficiencies in Nursing Homes

More than 1.5 million people live in nursing homes nationwide. That number has only been increasing and is expected to go up in the coming years. According to the Government Accountability Office, about one-fifth of nursing homes in the nation were cited for serious deficiencies – those that jeopardized the life of the patient – in 2008. The GAO report cited poor quality of care such as worsening pressure sores or untreated weight loss in a high number of nursing homes. These deficiencies, the report stated, puts nursing home residents in “immediate jeopardy,” which means that they are at risk of death or serious injury.

Failure to Meet Standards

Nursing homes are required to meet federal standards as a condition of participating in Medicare and Medicaid, which cover more than two-thirds of their residents at a cost of more than $75 billion a year. In this particular case, the nursing home in Daly City seems to have committed a fatal error because they did not have a policy in place when it came to inserting a T-piece.

A number of incidents involving nursing home neglect or nursing home abuse occur due to understaffing in nursing homes. When care facilities hire fewer staff and keep untrained or unqualified personnel on staff, because they are cheaper, and overwork them, it creates an environment that is ripe for abuse and neglect. Such situations stem from nursing homes putting profits ahead of the people they are supposed to serve.

Compensation for Victims’ Families

A family that has lost a loved one as a result of nursing home neglect can file a wrongful death claim against the at-fault facility. Victims’ families in such cases would be well advised to contact an experienced California personal injury lawyer, who has experience successfully handling similar cases and holding nursing homes accountable for their wrongdoing. The best nursing home abuse law firms always offer a free consultation and comprehensive case evaluation to victims or their families.

Nursing Home Fined $100,000 for Resident’s Death is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Los Angeles resident and former lawyer Heather Peters won a significant victory against American Honda Motor Company in Small Claims Court. Peters was awarded $9,867.19 in damages, which is just about the maximum $10,000 allowed in Small Claims Court. The Los Angeles Times reports that at the heart of this Honda small claims lawsuit was the issue of fuel economy. Peters said Honda misled its consumers by claiming that the Honda Civic Hybrid vehicle could achieve as much as 50 miles per gallon. But, she found out after purchasing the vehicle that it did not get more than 42 miles per gallon “even on its best day.” What’s worse, that number dropped to below 30 mpg after a software update intended to prolong the car’s battery life was installed.

Taking Matters into her Own Hands

Peters sued Honda in Small Claims Court after learning that the proposed settlement covering her 2006 model vehicle would leave her with as little as $100 and a few rebate coupons – pocket change compared to the $8.5 million that trial lawyers would get paid. So Peters, who is a former lawyer, decided to take matters in her own hands, in her pursuit of justice. Although the small-claims judgment in this case is unusual and makes a statement on behalf of consumers, Peters may have a tough time collecting the money she won. Honda has vowed to appeal the Small Claim Court’s decision.

A Landmark Case

Donald Earl Childress III, who teaches civil law at Pepperdine University’s School of Law, states that Peters’ win could lead the way for litigation strategy in California and other states. It proves, Childress said, that a well-informed plaintiff who chooses not to take the class-action route and take matters into their own hands in the correct manner, could be vindicated in Small Claims Court. It might just take one person, he says, to stand up and get the win, and others will follow.

This will be an interesting issue to follow as Honda and other corporations must now decide if they want to utilize their team of lawyers to snuff out small claims cases. Under California law, corporations are not allowed to use their legal defense teams in small claims court, but they can do so during the appeals process to force such claims back into the class-action litigation process. Peters has also launched a campaign through her web site, DontSettleWithHonda.org, which talks about how she filed her lawsuit against the automaker.

How to be Successful with Small Claims

As a California personal injury lawyer, it has been my experience that even some personal injury matters are better handled by the injured party themselves rather than hiring an attorney or law firm. There are cases that can be handled quickly and efficiently in Small Claims Court. Reputable law firms will be able to give you an honest assessment of your claim, the value of your claim and the options you have before you, including the option to handle the matter yourself in Small Claims Court.

Handling things yourself may seem overwhelming at first. However, once you get started with the process, you may find it to be simpler than what you expected. By representing yourself in court, you will not have to share your award with attorneys or law firms. Whatever you get as compensation will you yours and the satisfaction you get out of it will be significantly higher. It’s really tough to put a price on holding a wrongdoer accountable. If you are looking to pursue such cases on your own, remember, there are resources available to you.

Woman Sues Honda over Hybrid’s Fuel Economy in Small Claims Court and Wins is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

At Bisnar and Chase we take great pride in providing an exceptional experience for our clients, inside and outside the courtroom. Victims of the defective Depuy ASR Unit are looking for attorneys who have experience helping victims with similar injuries to their own, but also want an attorney who gives them a personal experience. Our Depuy recall lawyers in California know how to win; we have recovered hundreds of millions of dollars for over 6,000 clients and have had great success taking Fortune 500 companies to court. We know how to help our clients recover on a personal level as well. Suffering injuries as a result of a defective medical device is a difficult tragedy to overcome and obtaining maximum compensation for you injuries will require attorneys with experience and expertise.

Depuy Recall Attorneys Giving Spotlight

At Bisnar and Chase our entire staff is devoted to helping victims of defective medical devices recover. We represent product defect victims because we are passionate about justice and are fully aware of manufacturer negligence that contributes to our client’s serious and life-threatening injuries. We spend a significant amount of our personal time assisting people in the community who are struggling to pay the bills and celebrate the holidays. The following are a few ways in which we give back to the community which built us from the ground up.

• Adopt A Family. Every year our staff members take money out of their own pockets and donate it to families who are in need. We have been blessed with good fortune and we feel it is our responsibility to help those who are not as lucky. We have been participating in this program for several years
• Turkey Giveaway. Unfortunately, many Orange County residents were unable to provide their families with a turkey dinner this past thanksgiving. In an effort to close the gap, we team up with Second Harvest Food Bank to try and ensure that the 615,000 individuals who struggle with hunger in Orange County would be able to spend Thanksgiving counting their blessings.
• M.A.D.D. Walks. Every year our firm is one of the top contributors, if not the top, for the annual Mothers Against Drunk Driving Walk in Huntington Beach, California. We work collectively as a team to raise money for drunk driving awareness and then the amount we raise is matched by our firm’s partners.

California Depuy Recall Lawyers
If you or a loved one is using the defective Depuy hip replacement, it is in your best interest to contact your physician immediately. These devices have been associated with serious health complications and might be contributing to your pain. Contact one of our California Depuy recall attorneys today to take advantage of your free consultation and see if you are eligible for compensation.

Call 1-800-561-4887 NOW to get expert information from experienced attorneys.

Depuy Recall Lawyers in California Give Back to Communities is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

The National Highway Traffic Safety Administration (NHTSA) has issued an auto defect recall for 2011 and 2012 model year Ford F-Series pickup trucks, which apparently have defective automatic transmission interlocks. NHTSA officials say the faulty transmission interlocks can be found in about 16,091 pickup trucks. Drivers can shift the trucks from "park" into rear without stepping on the brakes increasing the risk of car accidents or even injury to nearby pedestrians.

These auto defects are also in violation of federal safety standards. The recall affects the 2011 model year Ford F-150 pickup trucks and 2012 model year Ford F-250, F-350, F-450, and heavy duty F-550 trucks, all manufactured last September. Ford will start notifying owners to bring their recalled trucks to dealerships. The affected brake shift interlock switches will be inspected and replaced at no cost to consumers.

Responsibility of Auto Makers

Based on this news report, it is not clear if there were any car accidents, injuries or fatalities reported as a result of these serious safety issues. When the transmission, shift lever, or braking proves defective in a vehicle, the consequences can be devastating. As the report points out, these defects can cause not only car accidents, but also pedestrian accidents and injuries.

Auto defects can occur during the design process, the manufacturing of the vehicle, or during assembly. Regardless of when or how the defect occurs, it is the automaker's responsibility to issue a prompt recall and ensure consumer safety. Automakers can be held liable for the injuries and damages their defective vehicles cause to drivers, passengers and others.

Contacting an Auto Defect Lawyer

After a car accident, it would be in the victims' best interests to preserve the vehicle in its current condition, unaltered, so it can be thoroughly examined for defects, malfunctions, and other evidence. Those injured as a result of a defective auto would be well advised to contact an experienced California personal injury lawyer, who has successfully handled auto products liability cases against large automakers. The best auto product defect law firms will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Ford Recalls F-Series Pickup Trucks for Defective Transmission Locks is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

The National Highway Traffic Safety Administration (NHTSA) has issued an auto defect recall for certain Nissan 2010 and 2011 model year sedans because of vehicle defects that could potentially cause the vehicles to stall or crash. According to Consumer Reports, about 33,800 cars are involved in this recall. NHTSA reports state that these vehicles may have faulty battery terminals that cause an unexpected engine stall while the cars are in motion. Also, the defect may prevent an engine restart, increasing the risk of a car accident.

Engine Stalling Issues

The problem affects 2010-2011 Nissan Sentra vehicles equipped with MR20 engines manufactured in May 2010 and from July to October 2010. Officials say the defect occurred during the manufacturing process when a zinc coating was applied to the battery terminal posts too thickly. This thick coating could result in a voltage drop that may make it difficult to start the car or could even damage the vehicle's engine control module. When the recall begins in January, owners can bring in their vehicles to local dealerships where the battery terminals will be replaced at no cost to consumers.

It is not clear from this report if there were any car accidents or injuries reported as a result of this particular vehicle defect. Auto defects can occur due to errors made during the design process, manufacturing, or assembly. Vehicle stalling can definitely be a serious problem. If a car suddenly stalls on the freeway, it exposes drivers and passengers to tremendous dangers, including getting hit by other vehicles, which may not be able to slow down or stop in time to avoid the stranded auto. Such stalling can cause serious problems especially during nighttime when visibility can be limited.

Auto Products Liability Claims

If you or a loved one has been injured as a result of an auto engine stalling, please contact an experienced California personal injury lawyer, who has successfully handled auto products liability cases against large automakers. In such cases involving auto defects, injured victims can seek compensation from the automaker for medical expenses, lost wages, cost of hospitalization, rehabilitation and other related damages. The family of a deceased car accident victim can file a wrongful death lawsuit seeking compensation for medical and funeral costs, lost future income, loss of love and companionship, emotional anguish, and other damages. Victims or their families would also be well advised to preserve the vehicle intact after an accident so it can be thoroughly examined by an expert for any evidence of defects, malfunctions, or design flaws.

Nissan Sentra Vehicles Recalled for Stall and Crash Risk is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

A Nebraska-based meat packer is recalling more than 40,000 pounds of ground beef products that were shipped to institutions and distributors in California and other states over food poisoning concerns. According to an Associated Press news report, the meat, produced by Tyson Fresh Meats Inc. was also shipped to 15 other states. The U.S. Department of Agriculture conducted tests on samples, which detected the presence of the deadly E. coli bacteria in the ground beef products. Other states affected by this recall include Alabama, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Mississippi, New York, North Carolina, Ohio, South Carolina, Tennessee, West Virginia, and Wisconsin.

The recall includes 10-pound chubs of chuck fine ground beef 80/20, packed in cases containing eight chubs. USDA officials said that they discovered the problem through "routine monitoring." So far, no illnesses have been reported linked to these defective products. Anyone with questions or concerns is asked to contact Tyson at 866-328-3156.

E. coli Symptoms

In California, during 2008, 242 cases of E. coli were reported, according to the California Department of Health's web site. E. coli infections typically cause abdominal cramping, vomiting, and diarrhea with bloody stools. Young children and the elderly are at the highest risk for becoming infected with E. coli and developing Hemolytic Uremic Syndrome (HUS), which can lead to serious kidney damage or even death.

Tips to Avoid Infections

The U.S. Centers for Disease Control and Prevention (CDC) offers several tips to guard against E. coli contamination. First, cook all ground beef products thoroughly. Test the meat by putting a food thermometer in the thickest part of the meat. It should be cooked to 160 degrees Fahrenheit. Do not eat ground beef that is still pink in the middle. If a restaurant serves you an undercooked hamburger, send it back for more cooking. Also, ask for a new bun and a clean plate. While cooking in your own kitchen, keep raw meat away from other foods to prevent cross-contamination.

Protecting Your Rights

If you have been sickened by contaminated meat, isolate the food and preserve it so it can be tested in a lab to determine what the contaminants are. Seek immediate medical attention and contact an experienced California personal injury lawyer who will help protect your legal rights and best interests. Negligent food producers can be held liable for damages including medical expenses, loss of wages, cost of hospitalization, pain and suffering, and emotional distress.

Ground Beef Recalled for Possible E. coli Contamination is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

The manufacturer of a defective child seat, which caused several skull fractures and head injuries among young children, has made no effort to improve their products or make them safer, according to consumer safety advocates. A Reuters report states that despite facing several lawsuits from parents of injured children, South Africa-based Bumbo has done little to reconfigure these seats or make them safer.

Bumbo issued a defective product recall for the seats after 28 injuries were reported to the U.S. Consumer Product Safety Commission in 2007. Many of these injuries involved skull fractures. After the recall, the company place warning labels on the seats saying that they should not be used on elevated surfaces. Kevin and Lucy Ferrell filed a lawsuit on behalf of their son Colby. The 9-month-old suffered a skull fracture after he fell out of the seat. The couple had purchased the seat from Toys R Us.

Companies Knew about Defective Products

As part of the lawsuit, records were obtained from Bumbo that showed the company knew about the injuries and the potential for serious injury. There were about 300 reported incidents including many in other countries such as Great Britain. Bumbo maintains that its seats are safe when used as intended. Company representatives say that the seats should always be used on the floor and never at an elevation.

In addition to Bumbo, Toys R Us has also been named in lawsuits relating to these defective products, of knowingly selling a baby product that has caused injuries. In fact, one of the company's buyers is quoted saying under oath in the litigation that she had never seen an infant product like the Bumbo seats that came without a safety restraint. She testified as she did not think it was safe. The lawsuit filed by the Ferrells alleges that Toys R Us has a significant profit margin on the seats and has stocked these items and sold them, even disregarding concerns raised by those within the company about their safety.

Holding Corporations Accountable

As a California personal injury lawyer who represents victims injured by defective products, it is encouraging to see parents like the Ferrells not giving up. Although their son was seriously injured, they are now "evangelists for seatbelts" because they do not want to see it happen to other children. This is yet another outcome of of civil litigation. It is not always about the money. In fact, more often, it is about making sure that the victims are heard. It is about making sure that negligent corporations are questioned, challenged, and forced to change their unscrupulous ways. In this particular case, it seems to me that both Bumbo and Toys R Us put profits over the welfare of these young children – babies. I would be very interested to see if federal officials impose a fine on these corporations. My heart goes out to all the families that have been affected by these dangerous and defective products.

Manufacturer of Child Seats Put Profits before Child Safety, Lawsuit Alleges is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

The America College of Obstetricians and Gynecologists, and the American Urogynecologic Society have issued a joint Committee Opinion stating that there is an "urgent need" for the development of a national registry to track outcomes for all current and future patients who receive vaginal mesh implants. There have been serious concerns regarding the safety and efficacy of these synthetic mesh products that are placed vaginally to treat a condition known as pelvic organ prolapse (POP). Given the horrific side effects thousands of women are experiencing as a result of receiving these transvaginal mesh implants, these groups now recommend that use of these mesh implants should only be reserved for high-risk women "for whom the benefit may justify the risk."

Pelvic Organ Prolapse

What is pelvic organ prolapse? When the organs in the pelvis such as the uterus, bladder, urethra, small intestine and rectum, drop down and bulge into the vagina, that condition is known as a pelvic organ prolapse. POP can be caused by several factors including menopause, aging, intense physical activity, obesity, prior pelvic surgery, chronic coughing, and straining to have bowel movements. According to the American Urogynecologic Society, more than 350,000 women undergo surgery for this condition in the United States. The U.S. Food and Drug Administration first approved the mesh implants for use in 2001.

Nightmarish Symptoms

However, the mesh implants led to a number of complications among the women who received them. Instead of improving women's lives, many women experienced horrendous symptoms including excruciating pain. In some women, the mesh cut into the vaginal lining causing infections and even nerve damage. Others could not sit down or urinate without a catheter. Some patients even had to be hospitalized or stop sexual intercourse because the symptoms had become so painful and unbearable. In July 2011, the FDA issued a safety alert warning consumers about the possible risks these defective products pose.

Recommendations by Professionals

The professional group's other recommendations include continuing the audit and review of outcomes, and establishing a registry for all current and future vaginal mesh implants; surgeon training for vaginal mesh placement specific to each device; patient counseling with regard to alternative options, risks and benefits of mesh implant surgery; and adopting new mesh products and devices only after they have been properly tested and their safety and efficacy have been established.

Seeking Compensation

If you or a loved one has suffered complications as a result of vaginal mesh implants, please contact a reputed California personal injury lawyer who has experience handling similar cases. You can seek compensation for medical expenses, lost wages, hospitalization, pain and suffering, and emotional distress.

Professional Groups Issue Recommendations for Use of Vaginal Mesh is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

Ford Motor Company and the National Highway Traffic Safety Administration (NHTSA) have issued an auto defect recall for 2010-2011 model year Ford Fusion and Mercury Milan sedans because of defective wheel studs. According to Consumer Reports, the vehicles involved in this recall may have defective wheel studs that can break and cause the wheels to separate from the cars, increasing the likelihood of a car crash. This problem could involve as many as 128,615 Ford Fusion and Mercury Milan cars that are equipped with 17-inch steel wheels.

The affected vehicles were manufactured in April 2009 and from December 2009 to November 2010. Ford will start notifying owners this month. Owners are asked to bring in their vehicles to local dealers who will replace all of the cars' lug nuts, inspect and if necessary, replace the rear disc brakes, also at no charge to consumers.

Vehicle Recall Statistics

According to the New York Times, the auto industry recalled about 20.3 million vehicles in 2010. It was the fourth-largest number of vehicles recalled since NHTSA began keeping track in 1966. The highest point was in 2004 when 30.8 million vehicles were recalled. In contrast, about 16.6 million vehicles were recalled 2009. The 2010 numbers were significantly affected by Toyota recalls involving sudden or unintended acceleration issues.

Auto Product Liability Issues

Based on this news report, it is not clear how these wheel stud defects occurred. We do not know if it happened during the manufacturing or assembly process. Regardless of how it happened, these are dangerous defects that could result in serious injury or even fatal car accidents.

Victims of car accidents caused by defective autos would be well advised to contact an experienced California personal injury lawyer who has successfully handled similar cases against large automakers. In such cases, the vehicles are the most important pieces of evidence. It is crucial that the victims or their families preserve the vehicles intact, so they can be thoroughly examined for product defects, malfunctions and other evidence.

Ford and Mercury Vehicles Recalled for Defective Wheel Studs is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers

A California food company has issued a recall for 6,141 cartons of cilantro in seven states over food poisoning concerns. According to an Associated Press news report, Salinas-based Pacific Cilantro recalled the herbs in seven states after U.S. Food and Drug Administration (FDA) inspectors found salmonella in a sampling of the products. So far, no illnesses or fatalities have been reported. The recall has been issued in seven states including California, Arizona, Massachusetts, New Jersey, Indiana, South Carolina and Missouri, as a precaution. Those who have these products in their homes are asked to return them. The herbs were grown by Salt River Farming in the Phoenix area.

Statistics Relating to Food Poisoning Cases

The U.S. Centers for Disease Control and Prevention (CDC) reports that there are approximately1.4 million cases of salmonella food poisoning in the United States each year. Only 40,000 of those cases are actually reported. The Department of Health and Human Services reports that there are 5,000 instances of fatal food poisoning cases each year caused by a variety of defective products.

Symptoms of Salmonella Poisoning

The symptoms of salmonella poisoning can be extremely painful and traumatic. The most common signs of salmonella infection include nausea, vomiting, severe abdominal cramping or pain, diarrhea, fever, chills, headache, muscle pains and bloody stools. In many instances, salmonella infection could lead to several days of hospitalization. Salmonella infection may also, in certain cases, result in serious injuries or death. There are certain strains of salmonella that cannot even be treated with antibiotics. These infections often affect the very young, the elderly, or those with compromised immune systems.

Compensation for Food Poisoning Victims

If you have become ill as a result of consuming these defective products, it would be in your best interests to isolate the food item and preserve it, so it can be tested in a lab for the presence of disease-causing germs or contaminants. In such cases where a negligent food producer or retailer may be involved, victims can seek compensation for damages including medical expenses, diagnostic tests, loss of earnings, cost of hospitalization, pain and suffering, and emotional distress. Victims of food poisoning would be well advised to contact an experienced California personal injury lawyer, who will better advise them about their legal rights and options.

Cilantro Recalled for Possible Salmonella Contamination is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers