San Diego Personal Injury Lawyers Blog

The U.S. Consumer Product Safety Commission (CPSC) and Baby Matters LLC (of Berwyn, Pennsylvania) have announced a voluntary recall of 30,000 Nap Nanny® portable baby recliners. The CPSC is investigating the report of a 4-month-old baby girl who resided in Royal Oak, Michigan who died in a Nap Nanny® that was used in her crib. The infant was in her harness and found hanging over the side of the product, caught between the Nap Nanny® and the crib bumper.

The Nap Nanny® is a portable recliner for babies designed for sleeping, resting and playing. The recliner consists of a foam base with an inclined indentation for the infant to sit in, and a fitted fabric cover and three-point harness. The first generation model of the Nap Nanny® can be identified by the absence of "D"-rings in the foam base. In second generation models, the harness system has "D"-rings in the foam base and Velcro™ straps inside its fitted fabric cover.

The CPSC and Baby Matters are also aware of another incident in which an infant became entrapped when the Nap Nanny® was used in a crib (which is contrary to the product instructions). In that incident, the infant fell over the side of the Nap Nanny®, despite being harnessed in, and was caught between the baby recliner and the side of the crib. The infant sustained a cut to the forehead.

There have been 22 reports of infants, primarily younger than 5 months old, hanging or falling out over the side of the Nap Nanny®, despite most of the infants being placed into the harness. Infants apparently can fall or hang over the side of the Nap Nanny® even while the harness is in use.

Consumers with a first generation Nap Nanny® model (without "D" rings) should immediately stop using the recalled baby recliner and contact the firm to receive an $80 coupon towards the purchase of a new Nap Nanny® (which will be shipped for free). Consumers with a second generation Nap Nanny® model (with "D" rings) should immediately stop using the product until they are able to visit the firm's website to obtain instruction.

Continue reading "Safety Recall Of Nap Nanny Recliners Due To Infant Death ~" »

With summer upon us, there are a lot of motorcyclists on our San Diego roadways. Motorcyclists should always exercise extreme care and caution when operating their bikes. When motorcyclists are involved in accidents with passenger vehicles, motorcycle riders and their passengers are more likely to suffer serious injury and death as a result.Helpful Tips for Preventing Motorcycle Injuries

If you ride a motorcycle, always wear a helmet. Helmets are your best defense against serious and fatal brain injuries.

Get your license. All states require a motorcycle license.

Do NOT drink alcohol before operating a motorcycle.

Follow the rules of the road ~ don't speed ~ 40% of motorcyclists who died in crashes were speeding.

Watch for hazards on the roadways, such as large cracks, holes, and bumps. Keep an eye out for vehicles coming from driveways and side streets

Make sure your headlight is on every time you ride. (This is a law in most states.)

Don't let anyone ride with you until you are skilled at riding in all kinds of conditions.

If you're a new rider, take a motorcycle riders' course. To locate a course near you, call 1-800-446-9227.

When passengers ride with you, they must wear a helmet and protective gear.

Continue reading "Safety Tips For Motorcyclists In San Diego ~" »

According to Lynn Greer of BrownGreer LLP, a Richmond, Virginia law firm that analyzed 59,365 Vioxx claims, wrongful death claims have been paid by Merck & Company to the families of 3,468 users of its Vioxx painkiller. The victims died of heart attacks and/or strokes.

Merck, which is based in Whitehouse Station, New Jersey, settled with the claimants after battling plaintiffs in both state and federal courts who claimed it (1) didn't adequately disclose safety data to the U.S. Food and Drug Administration, (2) didn't properly warn doctors and patients of the drug's risks, and (3) misrepresented the potential harm in marketing materials.

A $4.85 billion settlement fund made payments to the families of the 2,878 Vioxx users who died of heart attacks, and 590 who died of strokes.

Vioxx was pulled from the market by Merck in 2004 after a study showed that Vioxx doubled the risk of heart attacks and strokes. Merck set up the settlement fund in 2007 to cover the claims of death and lesser injuries, after reserving $1.9 billion to fight 26,600 Vioxx suits. New Orleans U.S. District Judge Eldon Fallon has overseen Vioxx lawsuits since February 2005 through a process known as "Multidistrict Litigation" (MDL).

Wrongful Death Liability Considerations

When a person dies due to a defective product manufactured by a company, his or her family would benefit from speaking to a California wrongful death lawyer about the incident and the wrongful death liability issues involved. An experienced wrongful death attorney can help the family members of the victim get answers as to exactly what happened and who is responsible, as well as explain what the family members' legal rights and options are should they wish to pursue a wrongful death claim.

Continue reading "Vioxx Wrongful Death Claims Paid By Merck ~" »

Have you or a loved one been seriously injured in an accident in Cardiff-By-The-Sea? If so, you should consult with an experienced, aggressive attorney to find out what your legal rights are and what your next step should be.

Choosing A Cardiff-By-The-Sea Serious Injury Lawyer

After an automobile crash, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very important to work with a law firm that specializes in personal injury.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

Our Cardiff-By-The-Sea accident lawyers are experienced trial lawyers and have in excess of fifty years combined experience providing legal representation to serious accident victims in southern California, including San Diego, Riverside, San Bernardino, Orange, and Imperial Counties.

Continue reading "Cardiff-By-The-Sea Serious Accident Lawyers ~ Cardiff By The Sea Injury Attorneys " »

CBSnews.com states that last month, on Friday, June 25th, Michael Jackson's father, Joe Jackson, filed a wrongful death lawsuit against the doctor charged with giving the pop superstar a lethal dose of sedatives last year, accusing the Nevada doctor of negligence, poor training, and secrecy.

Joe Jackson sued Conrad Murray, M.D. in a Los Angeles federal court on the anniversary of his son's death. The complaint seeks more than $75,000 and accuses Dr. Murray of professional negligence for giving Michael Jackson a mix of sedatives - including Propofol, an anesthetic - which authorities say killed him.

Propofol is usually only administered in hospital settings; however, Dr. Murray had been providing Michael Jackson with the drug in the bedroom of the singer's rented mansion in Los Angeles. Michael's father contends the physician tried to conceal his administration of the drug after Michael's death.

The lawsuit also names the medical clinics which Dr. Murray operates in Las Vegas and Houston, claiming they did not properly supervise or train the doctor. The lawsuit was filed in federal court, because Dr. Murray's clinics are located in other states and the doctor lives in Nevada.

Dr. Murray pleaded not guilty to an involuntary manslaughter charge filed in February. His attorneys said he did not give Michael Jackson anything that "should have" killed him.

Joe Jackson's lawsuit claims Dr. Murray repeatedly lied to paramedics and doctors about giving Jackson the Propofol. Based on hospital records obtained earlier this year, the lawsuit claims Dr. Murray told an emergency room doctor that he had only provided Jackson two medications: Valium and Flomax. It also claims the doctor changed the story he told to police. However, Dr. Murray's attorneys have stated that detectives misinterpreted parts of Dr. Murray's statements, and their official timeline differs from what he says occurred.

Additionally, the lawsuit faults Dr. Murray for not keeping adequate medical records, and for using his clinics in Nevada and Texas to obtain drugs that were then given to Michael Jackson.

The Jackson family patriarch is seeking damages for a variety of issues, including loss of income and support, pain & suffering, and emotional distress.

Wrongful Death Liability Considerations

When a person dies due to the negligence of another, his or her family would benefit from speaking to a California wrongful death lawyer about the incident and the wrongful death liability issues involved. An experienced wrongful death attorney can help the family members of the victim get answers as to exactly what happened and who is responsible, as well as explain what the family members' legal rights and options are should they wish to pursue a wrongful death claim.

Continue reading "Michael Jackson's Dad Files Wrongful Death Lawsuit ~" »

The family of a young mother killed in a head-on collision on State Route 67 says that CalTrans should share the blame for her death.

On March 29, 2009, 24-year-old Alexandria Drake was driving a Volvo on State Route 67 east of Archie Moore Road, when an oncoming Jaguar crossed the center line, struck another car driven by her mother, and then plowed head-on into Drake's vehicle. She died at the scene. Her newborn son, Jayden, was pulled from the wreckage by her mother, who witnessed her daughter's death.
The driver of the Jaguar, 47-year-old Melvin Pearless, is now incarcerated - serving time for the crash. Drake's family said the young mother might still be alive if there had been a cement center median to keep the Jaguar from crossing into oncoming traffic.

According to 10News, most drivers said that they would like to see more signage, lower speeds, and a cement divider on SR-67 to keep people safe.

The CalTrans website says SR-67 is being studied for long range improvements, but unfortunately, those improvements won't come soon enough for the Drake family.

Wrongful Death Liability

When a person dies due to the negligence of another, his or her family would benefit from speaking to a California wrongful death lawyer about the incident and the wrongful death liability issues involved. An experienced wrongful death attorney can help the family members of the victim get answers as to exactly what happened and who is responsible, as well as explain what the family members' legal rights and options are should they wish to pursue a wrongful death claim.

Continue reading "Wrongful Death On San Diego's SR-67 ~" »

The following is a guest post by Chicago wrongful death attorneys at Dolan Law Offices:

Deanna Fridley's case was declared a mistrial on Tuesday the 6th. Fridley had been accused of driving drunk and under the influence of methamphetamine and was charged with four counts of second degree murder. The judge declared mistrial when the jury became deadlocked 11-1.

Just before midnight on December 14th 2007, a GMC Yukon Denali crossed oncoming traffic and crashed onto a Toyota Camry killing all four of its passengers. Fridley does not deny that she was drunk and on drugs at the time. She does, however, deny that she was the driver of the SUV that caused the accident. Rather, she claims that a man named Anthony Boles was the driver, a claim that only one juror was willing to accept.

According to police reports, shortly after the crash Boles and Fridley each began to accuse the other of driving at the time of the accident. Initially, Boles had been arrested by the California Highway Patrol and accused of being the driver of the SUV. Yet he was never charged. After an investigation that lasted several weeks, police arrested and formally charged Fridley because the casino's surveillance system clearly shows her climbing into the driver's side and shows Mr. Boles climbing into the passenger side of the SUV. Deanna does not deny this, either. She admits that she did initially take control of the vehicle but realized a few moments later that she was too intoxicated to drive at which point, she claims, Anthony switched seats with her and began to drive.

The prosecution was convinced that there was simply not enough time for Fridley and Boles, given their state, to have switched seats during the period between the SUV leaving the casino and the moment of the crash. Moreover, according to medical professionals, Fridley's injuries are consistent with those that would be sustained by the driver of such a vehicle involved in such a crash. Nevertheless, the defense succeeded in creating reasonable doubt in the mind of a lone juror.

At this time, Fridley remains in jail and the prosecution has stated that they intend to retry the case.

Continue reading "A Wrongful Death Case Declared A Mistrial ~" »

When your family member's life is suddenly taken by the reckless or malicious conduct of another, did you know that you can file a wrongful death lawsuit & thus may be entitled to financial compensation?

There are two types of damages you are entitled to in a wrongful death action: (1) the expenses incurred because of your loved one's death; and (2) an amount of money decided upon by either the judge or jury in order to punish the defendant.

Compensatory Damages

These are monies awarded to the victim's family to compensate for:

Medical care

Funeral & burial expenses

Grief, stress, and loss of companionship

Income the victim would have earned had he/she lived

& Any other expenses brought about by the wrongful death

Punitive Damages

Punitive damages are money awarded by a judge or jury to a victim's family to punish the defendant for its intentionally malicious or reckless conduct. These damages are designed to punish the defendant so that it does not conduct itself in a similar fashion in the future.

Damages Limits

There are certain limitations on damages, which include claims by estates of persons killed on airlines while traveling between nations, and limitations of a person's workers' compensation insurance.

Continue reading "Wrongful Death Damages ~ What Types Are Available?" »

Are fireworks part of your 4th of July celebration?

If so, the U.S. Consumer Product Safety Commission (CPSC) wants us to put safety into play. A new CPSC study indicates that in 2009, there were two deaths and nearly 9,000 emergency room visits for injuries resulting from fireworks-related incidents. Most fireworks injuries occurred to consumers younger than 20 and resulted in the loss of a limb in many cases.

During the 30 days surrounding last year's Independence Day holiday, there were reports of nearly 6,000 injuries from fireworks. Burns and lacerations to the hands, the face, and the head were the most frequently reported injuries. Also, more than half of the injuries during that time frame were related to bottle rockets, firecrackers, and sparklers.

If you decide to purchase legal fireworks, you are encouraged to take the following safety steps:

Do not allow young children to play with or ignite fireworks.

Please make sure fireworks are legal in your area before buying or using them.

Avoid buying fireworks sold in brown paper packaging, since this is a sign that the fireworks were made for professional displays and may pose a danger to you.

Adults should always supervise fireworks activities. Parents often don't realize that many injuries occur from sparklers to children under five years ikd. Sparklers burn at a temperature of approximately 2,000 degrees - hot enough to melt metal.

Continue reading "Be Safe In San Diego For The July 4th Holiday Weekend ~" »

The U.S. Consumer Product Safety Commission (CPSC) has debuted a series of Public Service Announcements (PSAs) about its Pool Safely campaign (www.poolsafely.gov), illustrating how simple steps saves lives at pools and spas.Partnering with the American Red Cross (www.redcross.org) and the YMCA of the USA (www.ymca.net), the CPSC produced broadcast, print, and radio PSAs which are being distributed to media outlets throughout the United States.

The new PSAs are intended to remind parents and children to stay safe in and around pools and spas, by practicing water safety steps. The "Pool Safely" campaign encourages everyone to adopt new safety behaviors while having fun in the pool.

It is important to remember that each drowning incident represents a family tragedy.

Continue reading "Swimming Pool & Spa Safety In San Diego ~" »