Oregon Injury Lawyer Blog

The family of a woman who drowned at the Astoria Aquatic Center in June 2007 is expected to settle their wrongful death lawsuit with the Oregon city of Astoria out of court.

Jung Min Kim, 34, was found unconscious at the bottom of the center’s lap pool on June 6, 2007 and died soon after. According to a police report, she may have been underwater for as long as 10 minutes before anyone noticed she was there.

Kim’s husband Joo Dong Park, who had been attending Oregon State University as a graduate school at the time of the accident, filed the Oregon wrongful death lawsuit. The complaint accuses city employees and agents of negligence that it is calling a “substantial factor” in Kim’s death.

The suit accuses the center of failing to make sure there were enough lifeguards monitoring the pool, neglecting to respond quickly enough to Park’s request that they help him find his wife, failing to provide lifeguards that were properly trained, failing to provide easily accessible lifesaving emergency equipment, and negligence when they stopped CPR resuscitation efforts prematurely.

Park had asked for $500,000 in noneconomic damages and $100,000 for economic damages, including medical costs and death expenses. His settlement with the city of Astoria was reached a few days before the wrongful death trial was about to start. A structured settlement, however, has not been publicly announced.

Astoria initially had said that Kim’s own negligent actions while swimming had caused her to hit her head on the side of the pool, become unconscious, and drown. The city had also said that government workers are immune from claims dealing with emergency medical assistance unless there is evidence proving that they violated reasonable care standards.

Oregon Wrongful Death
Losing someone you love is never easy—especially if their death was a result of an accident that was caused by another party’s negligence. In addition to economic costs, there also may be other losses, such as the loss of companionship and other traumas that come with losing a mother, father, husband, wife, son, or daughter.
An experienced Portland wrongful death law firm can help you determine whether you have grounds to file a claim for your loved one’s death.

Settlement close in pool death, DailyAstorian.com, August 13, 2008

Wrongful Death, Justia

Related Web Resources:

Tort Reform, State of Oregon (PDF)

Bills and Laws, Oregon State Legislature

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Wrongful Death

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In the Rhododendron community near Mt. Hood, 14 people sustained injuries on Sunday afternoon in an accident along Highway 26. Oregon State Police say the three-vehicle crash happened when a Toyota Tundra pickup truck that was going eastbound merged into the westbound lane. It struck a Chevrolet towing a horse trailer before colliding into a Subaru Legacy wagon.

The driver of the Toyota, Hillsboro resident Qui Nguyen, and passenger Steven Phan sustained serious injuries. They were flown to Emanuel Hospital. Four of the other passengers in the Toyota sustained minor injuries.

The Chevrolet pickup truck driver, 52-year-old Scappoose resident Jeffrey Mapes, and his three passengers were transported to Good Samaritan Hospital. The Subaru’s driver, 25-year-old Portland resident Lawrence Slattery, and his passengers were also driven to local hospitals.

Multi-Vehicle Car Collisions
Motor vehicle accidents involving more than two autos can be challenging cases to investigate in terms of determining cause and liability. In Portland and the other cities of Oregon, an experienced motor vehicle crash lawyer will know how to work with accident reconstructionists to determine who or what caused the accident.

If you or someone you love was injured in an Oregon auto collision, there may be more than one insurance company that is trying to get you to agree to a settlement for your injuries. It is important to speak with a Portland motor vehicle crash law firm first before trying to reach a settlement deal on your own. There may be damages that you can claim recovery for that you are not aware you are entitled to receive.

Our Oregon car accident law firm has helped many of our clients recover compensation for their injuries or a loved one's death. If the appropriate settlement cannot be reached with the other parties, we are zealous litigators that have helped many car crash victims win their compensation in court.

14 injured in multi- car crash along highway 26, Kgw.com, August 10, 2008

Related Web Resources:

Car Accidents Overview, Justia

Oregon DMV

Continue reading "Oregon State Police Say 14 People Were Hurt in Three-Vehicle Collision on Highway 26" »

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Posted In: Motor Vehicle Accidents

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The estate of Bend man Stephen Brenn is suing orthopedic surgeon Dr. Anthony Hinz for almost $10 million for Brenn’s wrongful death. The lawsuit has gone to trial.

Brenn died in 2006. The complaint accuses Hinz of negligence when he performed elective ankle surgery on Brenn. Brenn died just hours after the procedure.

Brenn’s estate has already reached a settlement agreement with St. Charles Medical Center-Bend. The trial now goes forward to determine whether Hinz and the nurses that gave Brenn pain medication were responsible for his wrongful death.

If your loved one has died because of what you believe was the negligence or carelessness of a doctor, a surgeon, a dentist, a nurse, a hospital, or another health care provider, you may be entitled to wrongful death recovery. Damages can include financial compensation for funeral and burial costs, the loss of a victim’s income and other benefits, loss of companionship, and other losses depending on the specifics of the case and your relationship to the deceased.

Examples of medical malpractice errors that can be grounds for a wrongful death lawsuit if the patient dies:

• Surgical mistakes
• Wrong diagnosis
• Delayed diagnosis
• Failing to provide a diagnosis
• Prescription errors
• Failing to perform the proper tests

It is important that you discuss your legal options with an experienced Portland, Oregon wrongful death law firm.

Bend doctor on trial in wrongful-death lawsuit, KTVZ.com, August 5, 2008

Wrongful Death Suit Asks for Almost Ten Milllion, KOHD.com, August 5, 2008

Related Web Resources:

Types of Medical Malpractice, WrongDiagnosis.com

Ankle / surgery, Intute

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Medical Malpractice , Wrongful Death

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In the wake of last year’s mass recalls of 45 million toys and other products due to the potential hazard they could pose to children, both the US Senate and the House of Representatives have approved a bill banning lead and six kinds of phthalates in products made for kids under age 12. The bill mandates that all toys in the United States undergo testing for dangerous chemicals before they are allowed to enter the marketplace—a definite change from the current approach, which allows untested toys to be sold and then later recalled.

Dangers of Lead
Exposure to high levels of lead can lead to serious health issues for kids, including lead poisoning, seizures, learning disabilities, behavioral issues, brain damage, and death. Many kids’ toys were recalled last year because lead levels in their paints were excessively high. Although the Consumer Product Safety Commission made it illegal 30 years ago to use paint with over .06% of lead on toys, most of the toys recalled were made in China.

The bill also increases the Consumer Product Safety Commission’s budget to $118 million in 2010 and $136 million in 2015. The CPSC would also be required to put up a Web site where consumer complaints would be posted.

The Toy Industry Association says the bill will make it easier for manufacturers, who can then follow national guidelines rather than having to look to the different state laws. The measure now goes to President Bush.

Danger of Phthalates
Certain animal tests have indicated that exposure to phthalates may lead to lower testosterone and genetic defects in boys, early puberty in girls, and impaired sperm in men. Phthalates can often be found in baby bottles, rubber ducks, teething rings, and other products for kids.

If your child was seriously injured or died from exposure to lead or phthalates in a toy or another product, our Portland personal injury law firm would like to offer you a free consultation. We have helped many Oregon families recover compensation in all kinds of cases involving injuries to minors.

Not toying around: Congress OKs bill to ban chemicals in some products, USA Today.com, August 2, 2008

Bill targets toy safety, ChicagoTribune.com, July 29, 2008

Related Web Resources:

Phthalates Information Center

Why Is Lead in Toys?, Wnep.com

H.R. 4040 The Consumer Product Safety Modernization Act

Continue reading "US Congress Passes Bill Banning Lead and Phthalates in Products That Could Cause Injuries to Children " »

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Injuries to Minors

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The State of Oregon, two of its employees, and SUV driver Joseph Paul Merris have been named defendants in a wrongful death lawsuit seeking over $3.4 million in financial compensation. Delno Williams, the father of 18-year-old psychiatric patient Heather Williams, filed the lawsuit in Umatilla County Circuit Court.

Heather died last December after she jumped out of a moving Department of Human Services van on Interstate 84 close to Milepost 205. She was then struck by an SUV driven by Merris. Heather died of her motor vehicle accident-related injuries.

According to the wrongful death complaint, the state of Oregon, the Department of Human Services, and Blue Mountain Recovery Center employees Renee Avenson and John L. Jones were negligent because they did not put Heather in a vehicle with a cage so she couldn’t jump out. The suit also alleges the failure to train and instruct employees correctly so they would have acted preemptively to prevent Heather from getting out of the van. According to an internal report, this was not the first time that Heather had tried jumping out of a moving vehicle, and center workers had been warned to transport her in vehicles with child-proof locks and a cage.

Mr. Williams is suing SUV driver Merrill for allegedly driving too fast (based on the road conditions at the time), failing to look out properly, and neglecting to control his motor vehicle.

Wrongful Death in Oregon
In Oregon, surviving family members have three years from the time of the victim’s death to file a wrongful death lawsuit against all negligent parties. Even if the victim was partially at fault in causing the accident, Oregon’s comparative negligence doctrine allows family members to recover an amount proportionate to what a jury deems reflects the defendants’ percentage of fault in causing the wrongful death.

In Portland, or anywhere else in Oregon, your best chances for a successful wrongful death case outcome is to retain the services of an experienced Portland wrongful death lawyer today.

Girl's father suing state, employees, The East Oregonian, July 21, 2008

Death of Oregon teen who jumped from van spurs suit, KTVZ.com/AP, July 21, 2008

Related Web Resources:

State of Oregon: Department of Human Services

Wrongful Death Overview, Justia

Posted by Matthew D. Kaplan | Permalink | Email This Post

Posted In: Motor Vehicle Accidents

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