California

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.

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.

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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. Read the rest »

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.

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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.

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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.

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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.

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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."

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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.

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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.

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