2012 | Page 2 of 7 | California Personal Injury Blog
Pasadena city leaders are pushing for new controls over potentially dangerous dog breeds just a month after a move was made to crack down on unlicensed dogs. According to a news report in the Pasadena Sun, Councilman Steve Madison said at a recent City Council meeting that Pasadena should consider a ban on pit bulls within city limits.
His take on the issue is that this particular breed of dog poses an inherent threat to public safety. However, the councilman’s suggestion is not likely to be accepted because California law prevents cities from banning a specific breed of dog.
The councilman’s comments have however gotten city officials talking about proposing laws that place additional requirements on pit bull owners. …Read the rest »
Lawyers and Settlements reports that numerous transvaginal mesh lawsuits are being filed, with many resulting in awards for the victims and their partners who suffer with them. According to the news article, another couple recently filed a product liability lawsuit. In that case, the woman and her husband allege that they have not been able to have sex since she was implanted with the Bard Avaulta transvaginal mesh because it is “too painful for her” and her husband could “feel the mesh.”
Bard, the maker of Avaulta transvaginal mesh implants, lost its first personal injury lawsuit when a California jury awarded $5 million to Christine Scott. She had suffered major complications due to Bard’s Avaulta Plus device including incontinence, severe pain, and inability to be intimate. Scott later required eight surgeries to remove the mesh. Her husband was awarded $500,000 for loss of consortium in that case. …Read the rest »
A recent investigation of nursing homes by the U.S. Department of Health and Human Services showed that conducting background checks would have likely flagged some but not all nursing aides who were later disciplined. According to an NPR report, the investigation looked at cases of 1,611 nursing aides who were disciplined for abuse, neglect and theft at nursing homes in 2010. About 20 percent of these aides had prior criminal convictions that would have surfaced in a simple background check.
The article states that on the one hand, it is evident that a straightforward background check could have prevented those with criminal records from working in a nursing home, putting vulnerable senior citizens at risk. On the other hand, it is also troubling that 80 percent of those who were ultimately disciplined could not have been screened with background checks.
…Read the rest »
California auto defect lawyer weighs in on Toyota Motor Corp.’s recall of 7.43 million vehicles worldwide for potential fire hazards involving faulty power window switches. An Oct. 10 article in The Wall Street Journal bills this recall as the largest ever for a single auto part.
Toyota Motor Corp. has issued a vehicle defect recall for more than 7 million cars and light trucks globally due to potential fire danger. According to an Oct. 10 news report in The Wall Street Journal, the recall affects cars made between July 2005 and May 2010 and includes popular models such as the Camry, Corolla, Yaris, Scion, Tundra and RAV4 SUVs that were sold in North America, Japan, Europe, China, the Middle East and Oceania. The defective power window control switch circuitry on the driver’s seat door panel can melt if lubricants are misapplied, the report states. So far, there have been no reports of accidents or injuries as a result of these auto defects, The Wall Street Journal reports.
The article states that this is the Japanese automaker’s largest recall ever for a single auto part. Although Toyota recalled 7.7 million vehicles in 2009 and 2010 in connection with faulty floor mats that could cause sudden acceleration, the company states that the mat recall was only a “safety campaign” as opposed to a full-fledged recall in some markets.
According to a Feb. 9, 2011 article in the Los Angeles Times, Toyota was forced to recall about 11 million vehicles worldwide for sudden acceleration issues, which cost the company billions of dollars and proved to be a public relations and legal nightmare. Those defects were blamed for at least 100 deaths, spawned hundreds of lawsuits and forced Toyota to pay more than $32 million in government fines for dragging its feet on the recalls, the Times reports.
Vehicle fires are a serious problem in the United States and a number of these fires are caused by vehicle defects and malfunctions. According to National Fire Protection Association (NFPA), there has been a drop in the number of vehicle fires in recent years. The association reports that there were 184,500 passenger vehicle fires including 285 deaths and 1,440 injuries nationwide in 2010. The cost of damages due to these fires was approximately $1 billion.
“It is important for government regulators in such cases to look into whether the automaker issued a prompt recall”, said John Bisnar, founder of Bisnar Chase. “The law requires product manufacturers to promptly identify unsafe products and remove them from the market before they cause injury or harm to consumers.”
Those who own these vehicles would be well advised to contact the dealer right away and schedule a repair, Bisnar says. “Anyone who has been injured in a vehicle fire caused by a defective auto part would be well advised to get immediate medical treatment and contact an auto product defect lawyer who has experience going after large automakers on behalf of injured victims and their families.”
About Bisnar Chase
The California auto product defect attorneys of Bisnar Chase represent victims of auto accidents, defective products, dangerous roadways, and many other personal injuries. The firm has been featured on a number of popular media outlets including Newsweek, Fox, NBC, and ABC and is known for its passionate pursuit of results for their clients. Since 1978, Bisnar Chase has recovered millions of dollars for victims of auto accidents, auto defects and dangerously designed and/or maintained roadways.
For more information, please call 949-203-3814 for a free consultation.
A recent article in The Washington Post discusses the issues involving arbitration agreements, which nursing homes require residents or their families to sign at the time of admission. The implications of such an agreement are definitely far-reaching. For instance, signing an arbitration agreement with a nursing home means that even in the case of a resident suffering an injury due to negligence on the part of its staff members, he or she agrees to bring the dispute before a professional arbitrator rather than file a lawsuit for negligence or wrongful death.
While, accepting the terms of the agreement is often stated to be mandatory for admission to the facility, many nursing homes apparently have adopted the practice of placing the arbitration agreement documents quietly inside the admissions package, without drawing much attention to it. As a result, many seniors or family members who place their loved ones into nursing homes don’t even know about the existence of such a document until they are faced with a situation and find out the hard way.
…Read the rest »
Nation’s leading personal injury attorney and auto defects expert adds CAALA Trial Lawyer of the Year nominee to growing list of accolades.
(PRWEB) September 26, 2012
Bisnar Chase California Personal Injury Attorneys,LLP (http://www.bestattorney.com) today announced partner Brian Chase,one of the nation’s leading personal injury attorneys and auto defects experts,has been nominated by the Consumer Attorneys Association of Los Angeles (CAALA) for its prestigious Trial Lawyer of the Year award. The winner will be announced at CAALA’s Annual Installation and Awards Dinner this coming January.
With nearly 2,800 members,CAALA is the nation’s largest local association of plaintiffs attorneys representing a powerful advocacy for victims rights and equal access to justice. Like Brian Chase, the association’s consumer attorneys protect people from unsafe products,unsafe medicine,unfair business practices and unscrupulous, negligent corporate conduct,subscribing to the highest standards of quality legal representation and ethical conduct.
Since 1972, CAALA has paid tribute to distinguished members of the trial bar, prominent jurists, and other individuals who have made significant contributions to protect the civil justice system.
Chase’s selection as a CAALA Trial Lawyer of the Year nominee is just one in a rapidly growing list of accolades he’s received so far this year,in addition to the numerous awards he’s earned throughout his 19-year career as a leading personal injury attorney.
Brian’s newest Trial Lawyer of the Year nomination is a reflection of his passionate representation of our clients and the outstanding results he obtains for them,said John Bisnar, founder of Bisnar Chase.He’s a force to be reckoned in the courtroom and defense law firms know it. No one works harder or more enthusiastically to make things right for our clients and to hold wrongdoers accountable. He is very deserving of the awards he’s earned through the years.
Chase is a native of Southern California and a graduate of Pepperdine’s law school. He’s litigated dozens of jury trials and has litigated both local and national auto product liability and catastrophic injury cases, obtaining judgments and settlements exceeding $100 million.
His expertise lies in making automakers accountable for defective vehicles that have caused fatal and catastrophic injuries.
Chase’s professional accolades are numerous. Last month, he was named a finalist for the Consumer Attorney of the Year Award by Consumer Attorneys of California (CAOC) and a 2012 Orange County Top Lawyer by Avvo for a third time.
Other professional honors include:
- Product Liability Trial Lawyer of the Year by the Orange County Trial Lawyers Association in 2004
- A Southern California Super Lawyer by Law & Politics Magazine and Los Angeles Magazine every year since 2006
- One of the Top 100 Trial Lawyers by the American Trial Lawyers Association since 2007
- A Top 50 Orange County Super Lawyer by Orange Coast Magazine for the fourth consecutive year in 2010
- A 2012 member of the prestigious American Board of Trial Advocates (ABOTA)
- A Top 50 Orange County Super Lawyer by Super Lawyers Magazine in 2009, 2010, 2011 and 2012
- Seven Super Lawyer appointments from 2006-2012.
Chase is Vice President of the Consumer Attorneys of California and serves on the Board of Governors for CAOC. He is a past President of the Orange County Trial Lawyers Association and is AV rated by Martindale-Hubbell (their highest rating).
He has argued and won in the California Court of Appeals and in the California Supreme Court, changing state law to the benefit of injured plaintiffs.
Chase is the author of Still Unsafe at Any Speed, the most comprehensive literary work on auto defects since Ralph Nader’s 1965 book of the same subject, "Unsafe at Any Speed", and is a frequent lecturer for various trade organizations where he teaches trial techniques and strategies to other attorneys.
He’s been interviewed for dozens of reports involving auto defects, catastrophic personal injury and wrongful death cases in news outlets such as the Wall Street Journal, KABC-TV Los Angeles, FOX-TV Los Angeles, KABC Radio’s Larry on the Law featuring Larry Elder, CBS Television, Orange County Register, KTNV Las Vegas and the Legal OC,among many others.
About BISNAR CHASE
The California personal injury law firm of BISNAR CHASE represents people who have been very seriously injured or lost a family member due to a car accident, defective product or negligence throughout California. The law firm has won a wide variety of challenging personal injury and defective product cases, involving car accidents, work related injuries, dog attacks and defective products. For more information about the firm and its philanthropic work, visit http://www.bestattorney.com/giving-back/.
Utah Yaz attorneys may find their time is running out to file a claim against Bayer, the maker of the birth control drug. The attorneys at Bisnar Chase law firm are offering a “no win, no fee” guarantee. The personal injury law firm has been helping clients with defective product claims for decades and has helped thousands of victims recover hundreds of millions in settlement claims.
A recent Bloomberg News report stated that Bayer has settled nearly 1900 Yaz lawsuits so far, with the average payout of around $212,000. Bayer has increased its reserves to settle cases, which could be good news for Utah Yaz users who have yet to file a claim.
Possible Yaz Side Effects
An research study in 2011 funded by the FDA, indicated that women who used Yaz may be up to 74% more likely to experience a blood clot compared to women who used older types of birth control pills. The panel eventually voted 15-11 to allow Yaz to be continued to be sold but its members agreed that stronger warning labels for the drug were necessary. The new warning labels will advise women that using birth control pills containing a synthetic hormone known as drospirenone, the primary ingredient in Yaz, may result in a threefold risk of experiencing a serious blood clot.
On May 31, 2012, the Institute for Safe Medicine Practices published its QuarterWatch report which ranked Yaz and Yasmin as the second-worst drugs in 2011 for the number of complications reported to the FDA.
The increased blood clots could lead to strokes, heart attacks, and pulmonary embolisms. In addition to increased blood clots, Yaz has been linked to DVT – Deep Vein Thrombosis.
Yaz Lawyers in Utah
If you or a loved one have taken Yaz and have experienced unusual side effects, you should get in touch with an attorney. You can obtain a free case evaluation at 800-561-4887. Speak with a Bisnar Chase attorney to get all the facts and to discuss your legal rights. Bisnar Chase lawyers are representing several defective drug victims and has experience obtaining huge settlement and verdicts. In August of 2011, Mr. Chase obtained a $24.7 million verdict on behalf of a single product defect victim.
Disclaimer: Bisnar Chase attorneys handle Yaz cases nationwide from their Newport Beach, Ca office where they are licensed. Victims in Utah may call Bisnar Chase to receive representation for their Utah Yaz case. Bisnar Chase is not soliciting victims in states for which they are not licensed.
While Yaz attorneys in Nevada are working hard to provide their clients with a win, the lawyers at Bisnar Chase are putting their money where their mouth is with a “No Win No Fee” Guarantee. John Bisnar, managing partner of the Bisnar Chase law firm has been assisting defective product users for decades and has helped recover hundreds of millions of dollars for injury victims throughout the United States.
Hundreds of Yaz lawsuits have already been resolved in favor of the women who utilized Yaz and Yasmin. By hiring Bisnar Chase attorneys for your lawsuit, you will not have to worry about being charged for any expenses in the event that your case is not won. The peace of mind that comes with a “No Win No Fee Guarantee” and a consistent 97.5% success rate may prove to be invaluable.
Call 1-800-561-4887 now to speak with an experienced Bisnar Chase female legal professional about possible legal action and Yaz class action lawsuits. …Read the rest »
Be careful what you post on websites like Facebook and MySpace. Because social media case law is still being written. Judges have to use their own discretion in determining what can be compelled to be produced by court order in a personal injury case. One plaintiff recently found this out the hard way when she was ordered to turn over information from social networking sites to the defendants’ counsel.
In the case of Thompson v. AutoLiv, the plaintiff alleged that she suffered “massive, life-threatening, permanent, and irreversible injuries” as the result of a faulty seat belt that failed to restrain her during an auto accident. Thompson stated in her complaint that the defendant knew that the seat belt could “spool out” during an accident and did nothing to stop the distribution of cars with these faulty belts or to warn potential victims. The plaintiff also filed suit against TRW, the manufacturer of the airbags in the car, claiming that they did not deploy as intended at 27 miles per hour. On the surface, this looks like a typical product liability case, and normal discovery procedure would be limited to the plaintiff producing copies of medical records and other information relevant to the case.
However, a recent order in the United States District Court for Nevada is ordering the plaintiff to produce new evidence. This order comes directly from a request by the defendant due to a Facebook and MySpace search. Apparently, the defendant browsed the plaintiff’s social media pages and found that some of her posts were inconsistent with the stated injuries.
Specifically, the defendant alleges that Thompson appeared on Facebook and other social media sites in photographs depicting her engaged in dancing, swinging on swing sets, and enjoying various water sports–all things that she claimed she was unable to do as a result of her injuries. Her Facebook page also gave detailed information about her social life and relationship status with various friends, as well as her employment history from the date of the accident. The defendant claimed that all of this public information directly contradicted claims made in her complaint against the company and was therefore relevant to the lawsuit.
However, when initially asked to produce copies of her Facebook and other social media photographs and wall posts, the plaintiff denied that the defendant had any right to this material and sent them severely redacted copies of her social media activity instead. She also changed her privacy settings so the defendant no longer had access to her pages.
The United States District Court determined that the social media material requested by the defendant was relative to the case, despite the plaintiff’s argument to the contrary and the plaintiff’s further argument that some of the requested material included “tagged” photos from other people’s social media pages over which the plaintiff had no control. The court also determined that the plaintiff must hand over all uploaded posts and photos to the defendant within ten days, although the defendant is not permitted to make copies of or share the information with anyone outside of the defendant’s legal counsel.
Remember that everything you post on the internet is out there somewhere, and be careful about releasing any type of personal information, especially if you are pursuing a claim against another party.
Once the most popular form of oral contraceptive in the United States, Yaz has developed a new reputation for dangerously high increases in blood clots and links to other serious health complications. Bayer Pharmaceuticals, manufacturers of Yaz and Yasmin, have resolved almost 2,000 Yaz cases and have set aside more than $600 million for disbursement to women claiming to have suffered serious Yaz side effects as a result of using their products.
Drug industry analysts predict that Bayer may be held liable for more than $2 billion. The Yaz lawyers at Bisnar Chase are currently providing all patients who have suffered injuries while taking Yaz or Yasmin with free legal consultations. Bisnar Chase has been assisting defective product victims for decades and has a team of highly trained professionals working with victims to obtain maximum compensation for their injuries. Call 800-561-4887 to receive a free consultation with no obligation. …Read the rest »
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