Oregon Injury Lawyer Blog

An Idaho mine operator says it plans to contest citations and fines totaling $1 million levied by the federal government in the wake of a miner’s death earlier this year, the Associated Press reports in an article reprinted in The Oregonian. The violations that led to the citations, in turn, raise wrongful death questions and are a reminder for us here in Oregon that mine operators and other employers in hazardous industries have, at all times, both a legal and a moral obligation to do everything they can to keep employees safe.

The 53-year-old victim, a 12-year veteran of the mine according to AP, died last April after a cave-in at the place where he and his brother were working, approximately one mile underground. The two “had just finished watering down blasted-out rock and ore in the mine in the Idaho Panhandle before the collapse,” the news agency writes.

The miner’s job involved “drilling holes in a rock face, blasting it to rubble, then carting the debris to the surface to be processed into silver, lead and zinc.”

The news agency reports that the federal report “has not yet been made public,” but that did not stop the company’s president from speaking to the media to reject the four reported citations and accompanying fines. Clearly any company employing people in so inherently dangerous an occupation has a special obligation to do whatever it can to keep its employees safe.

The citations and the criticism the company has encountered in the federal report are reminders to us here in Oregon that mining can be a dangerous business. An Oregon industrial accident attorney can offer victims and their families invaluable assistance in the wake of a disaster, helping survivors to sort through the complexities of state and federal law related to Oregon wrongful deaths and Oregon industrial accidents as a first step toward ensuring that justice is served.

AP via The Oregonian: Idaho company disputes federal citations following miner’s death

A ruling earlier this month by the Ninth Circuit Court of Appeals has opened the way for the parents of a teenager shot dead by police officers in Washington County to move ahead with an Oregon wrongful death lawsuit, according to a recent article in The Oregonian.

The case stems from the 2006 death of an 18-year old near Tigard, in Washington County, Oregon. The teenager was threatening to kill himself with a pocketknife when police officers arrived at the site of the incident. Within four minutes the officers had fired 11 shots, killing the teen, despite pleas from his family and friends that the boy posed a threat to no one but himself. The family has long claimed that the law enforcement officers overreacted and made little effort to assess the situation before using deadly force.

After the Washington County sheriff’s office issued an investigative report absolving the officers from any improper conduct the teen’s family “brought suit against the officers and the county in (an Oregon) wrongful death claim, alleging an unconstitutional use of force,” according to the newspaper. A federal district court issued a summary judgment in favor of the officers and the county, but the circuit court has now reversed that ruling and sent the case back to the lower court.

The paper reports that the appellate ruling found “that the district court erred in granting summary judgment on the constitutionality of the officers’ use of force,” and sent the case back to the lower court for a jury trial. “A jury should have the opportunity to assess the reasonableness of the force used after hearing all the evidence,” the court wrote, according to The Oregonian.

As a Portland wrongful death attorney one cannot help but applaud this important federal court decision. One of the most important rights we enjoy as Americans is the right to challenge the police and other authorities when we believe them to have acted improperly. Police and other law enforcement officials go to great lengths and take great risks to protect us all. That does not, however, mean that they can or should be above the law if they step out of line or otherwise act improperly, or that citizens should be denied their day in court when they feel they have been wronged.

The Oregonian: The Ninth Circuit Decision: Finally, a small step down the road to justice for Lukus Glenn

When five Beaverton families and Mattel Corporation settled Oregon wrongful death lawsuits related to contaminated water near one of the company’s former plants earlier this year issues related to cancer rates and carcinogens were not closed. According to a recent article in The Oregonian a new study conducted by a Beaverton resident, combined with a reassessment of the toxicity of the chemical at issue – trichloroethylene, also known as TCE – are potentially bringing the question of Oregon wrongful death claims back into the public arena.

The newspaper’s article focuses on a long-running Beaverton wrongful death case involving a plant that was originally owned by View-Master and later passed through several other corporate hands before being closed by Mattel in 2001.

In 1998, the paper reports, “TCE was found in concentrations 320 times the federal standard in a private well that supplied drinking water” for the plant. “Many former workers, who sipped the tainted water later suffered from cancers, according to an unofficial health study.” In May, Mattel settled Oregon wrongful death claims with five families. Now, however, the paper reports that a new health study funded by the Oregon Community Foundation “may strengthen the case for other workers who wish to file lawsuits.” The study “suggests a strong connection between TCE exposure and certain cancers,” the paper quotes its author, Amanda Evans-Healy saying. Evans-Healy was one of the successful defendants in the earlier set of Beaverton wrongful death actions.

“More than 200 of those surveyed were diagnosed with cancers, according to the study,” the paper reports, referring to the new study. “Women who drank the contaminated water at the plant were six times more likely to have kidney cancer than the general Oregon population. Men were 14 times more likely to have gall bladder cancer.”

This study, and the paper’s reporting of it, are an important example of community-based activism and the role it can play in righting wrongs. This study may lay the groundwork for a significant action by an Oregon wrongful death attorney, using the legal system and citizens’ research efforts to achieve justice.

The Oregonian: Two studies bolster concerns of former Beaverton View-Master employees about TCE contamination

The federal government’s Food and Drug Administration announced recently that Beaverton-based King International has agreed to recall its ShoulderFlex Massager. The Oregon product recall was ordered after evidence emerged that ShoulderFlex use can lead to serious injuries or even a product liability-related Oregon wrongful death.

“One death and one near-strangulation have been reported after a necklace and piece of clothing became caught in a rotating component of the device. In other cases the FDA says people’s hair became caught in the ShoulderFlex,” Portland television station KATU reports.

The station notes that all 12,000 of the massagers the company has sold nationwide since 2003 are being recalled. It adds that efforts to obtain a comment from the Beaverton-based company were unsuccessful.

From the perspective of an Oregon product liability attorney, it is good to see an unsafe product pulled from shelves (and, hopefully, also from cyberspace, where many of the ShoulderFlex devices have reportedly been sold), but worrisome that it took so long. The number of serious injuries that could be caused over the eight-year period during which the product was on sale is difficult to imagine. Situations like this are classic examples of why our civil courts are so important, allowing, as they do, a chance for those injured by dangerous products to obtain justice in ways the product recall system itself is often unable to offer.

A Portland or Beaverton product liability and wrongful death lawyer can help clients sort through the conflicting medical and legal claims that often emerge in cases like this. Ordinary Oregonians should never feel that they are at a disadvantage when squaring off against a well-funded company in court. Experienced legal help can level the playing field and ensure that justice is done when products that ought to be safe end up causing harm instead.

AP via KATU: ‘Shoulder Flex Massager’ can give a truly killer backrub

All Headline News: Neck massagers recalled after woman’s death

Resource:
FDA news release regarding the King International recall

The family of a Salem firefighter who killed himself after being offered the choice of resignation or being fired from the department have filed an Oregon wrongful death suit against the city, according to a recent report in the Salem Statesman-Journal. The paper says that his family believes Craig Warren, a 20-year veteran of the city fire department, was neither properly treated by the department’s medical personnel when he began manifesting signs of mental illness, nor was he humanely treated by the department when it decided to discipline and, later, fire him.

“It’s our opinion that the way the city conducted the investigation of Mr. Warren, especially when they became aware that he was having some emotional difficulties, was very cruel,” the paper quotes the family’s attorney as saying. It also quotes city officials declining comment on the grounds that they were still examining the particulars of the Oregon wrongful death lawsuit.

According to the Statesman-Journal, the path to this Salem wrongful death case began when Warren was interviewed three times in 2009 by his departmental commanders and ordered to utilize the department’s employee assistance program, after they noticed that “he was disturbed,” had begun making “inappropriate comments” to colleagues and exhibited a high level of anxiety. At about the same time, the department underwent “a switch in psychiatrists (which) resulted in a medication mistake and Warren was not fully treated,” the paper reports.

Warren took his own life a few days after being ordered to resign or be fired.

It is difficult to look at an Oregon death of this type and not question the totality of the circumstances. From the perspective of a Portland wrongful death lawyer the reported facts raise a number of questions that require further investigation. Situations like this are ones where skilled legal assistance is critical for families attempting to gain some sense of both closure and justice in the wake of an unspeakable tragedy.

Salem Statesman-Journal: Firefighter’s Family Sues Salem Over Death

It is one of the things we all most fear – and over which we have the least control – when entering the hospital: preventable errors. Recently, Portland’s main newspaper has been reporting on an equally disturbing problem related to preventable errors and Oregon medical malpractice: the fact that because some of the reporting hospitals do regarding their mistakes seems to be coming up short. As a result, there is not as much data available to doctors and medical administrators as there should be. That, in turn, may mean that some hospital errors are going unaddressed because word of them is not making its way through the state health system.

The issue was brought to light by a recent article in The Oregonian. The paper noted that “at least 34 patients died as a result of preventable mistakes in Oregon hospitals last year.” The real issue, however, is that fully one-third of Oregon’s hospitals “chose not to report a single error in 2010.” As the paper notes, “this strains credulity.”

Hospital reporting is an issue I’ve addressed before – and one that should command a lot more public attention than it does. It is, of course, natural that few people like to acknowledge error, but when reporting data could lead to better procedures and, eventually, a drop in Oregon hospital deaths we have entered a realm where pride has no place.

As the head of Oregon’s Patient Safety Commission told The Oregonian: “The truth is, the culture of patient safety is not where it needs to be.” That is a sad analysis to hear from a government official charged with ensuring that professionals do something that, frankly, they should not need to be told to do.

That is why, regrettably, our legal system also has a role in medical practice. A Portland medical malpractice lawyer can help families coping with the tragedy of a preventable Oregon medical error. Justice, in such situations, can be hard to fight for. So it is important to know that you have experienced, compassionate legal help when you need it most.

The Oregonian: Oregon hospitals reported 136 preventable errors last year, 34 resulting in death

The Oregonian: Avoiding errors by reporting them

Resource:
Oregon Patient Safety Commission

Earlier this week Notre Dame University wrapped-up its investigation of an accident last October in which a 20-year-old student was killed when the mobile lift from which he was filming football practice toppled over amidst high winds. In a news conference the school’s president announced, in effect, that because everyone involved was partly to blame for Declan Sullivan’s death no one in particular was actually responsible, according to an account by sports columnist Mike McGovern.

The idea that universal blame for this tragedy means no one is individually responsible is disturbing – especially since, in many respects, it clashes with the findings of Indiana’s Occupational Health and Safety Administration. That organization fined the university for a list of workplace safety violations related to the accident. According to McGovern: “Notre Dame was cited for failure to properly train the students, failure to have the lift serviced and inspected as required, failure to have an operator’s manual on the lift and failure to have warning labels displayed.” IOHSA has levied over $77,000 in fines for these violations, which the university is contesting.

At a more basic level, however, someone made the decision to send Sullivan up an unsafe lift “in known adverse conditions.” Someone decided that videotaping football practice overrode legitimate concerns about a student’s safety.

One of the main reasons why we have civil courts – why our system of laws allows individuals to seek justice independent of the criminal prosecutions system – is to ensure that victims and their families can demand accountability at moments such as this. As an Oregon wrongful death attorney I am committed to helping families achieve the justice they deserve in situations where those who bear responsibility cannot, or will not, own up to their responsibilities.

Regardless of whether the tragedy at Notre Dame constitutes wrongful death, or fits the legal definition of an industrial accident, it is a painful reminder of the responsibilities all universities have to see to the safety of their students. That lesson is one that is as important here in Oregon as it is in Indiana.

Reading Eagle: Seems no one is to blame for death at Notre Dame

SB Nation: Promoting Declan Sullivan’s legacy more important than firing those responsible

The US Supreme Court heard arguments this week in a case that raises important issues about personal privacy, patients relationships with their doctors and what some see as corporate America’s right to see people’s personal data because doing so may aid their marketing efforts.

According to the Burlington Free Press, the case turns on “a Vermont law that restricts the use of doctors’ prescription records for marketing purposes.” Pharmaceutical companies have challenged the law, arguing that they need to know which doctors are prescribing generic as opposed to brand-name drugs so that they can target their marketing to doctors who, they feel, should opt for generic medicines less often. The Free Press reports that 35 states, the District of Columbia, the US Justice Department and “organizations representing more than 100,000 physicians” back the law, while “numerous business and research groups, including the US Chamber of Commerce” oppose it. The measure went into effect last year. A Federal District judge upheld it, but was reversed by the 2nd US Circuit Court of Appeals.

From a patients’ perspective challenges to this law raise several potentially disturbing issues. As patients we presume our conversations with out doctors are private. It is unclear from the court arguments whether personally identifiable information is being shared with drug companies. Also, should patients have some right to know whether their doctor’s prescribing decisions were effected by a marketing hard-sell from drug manufacturers? Considering the number of scandals in recent years surrounding medical marketing these are very legitimate questions for patients to ask.

Unfortunately, many people are uncomfortable with the idea of asking their doctor these sort of pointed questions. Answers that would have been useful when a person is sick may emerge only later as part of a medical malpractice or wrongful death case.

Washington and Oregon personal injury attorneys are here to help level the playing field between average citizens and companies who put their marketing plans ahead of the public good. The Supreme Court will issue a ruling in the Vermont case later this year, and it will bear close scrutiny at that time. When corporations are out mainly for themselves we need to rely on our courts to protect ordinary citizens rights to both privacy and crucial health-related information.

The Burlington Free Press: Supreme Court questions Vermont’s limits on use of prescription data

Oregon parents of a 12-year old boy killed in a go-kart accident in Washington state have filed a Washington wrongful death suit against Benton County, the city of Richland (where the accident occurred) “and several other people and organizations whose negligence (the parents) claim contributed to their son’s death,” the Tacoma News-Tribune reports.

Kenneth McKinster died in 2008 “when his kart slid off the track while he was trying to navigate a hairpin turn during a weekend racing event,” the paper reports. His parents believe the kart itself was poorly designed, and was later improperly maintained by the Tri-City Kart Club and by the city and county which, at the time, owned the track itself. According to area TV station KEVW the case is expected to be heard in court before the end of the year.

Go-karts are motorized vehicles capable of traveling at fairly high speeds but including very few of the safety devices we all take for granted in ordinary cars. That places a special responsibility on the owners and operators of go-karts and similar vehicles when it comes to safety. Injuries to children here in Oregon and Washington can easily occur, as this case tragically demonstrates.

Parents should be able to assume when taking their children to a commercial go-kart facility both that the vehicles are properly maintained and that local authorities are enforcing all relevant safety regulations.

If your child or another family member has been injured in a go-karting accident it is important to seek the advice of an experienced Washington and Oregon personal injury lawyer as soon as possible. Incidents involving Washington or Oregon injuries to minors or those leading to an Oregon or Washington child’s wrongful death can be especially jarring for families, and require specialized legal attention.

KEVW: Oregon couple files wrongful death lawsuit against Richland

Tacoma News-Tribune: Parents of boy killed at Richland track file suit

Following up a story I wrote about in February, The Oregonian reports that federal regulators have cleared Portland Adventist Medical Center of wrongdoing in a high-profile case in which a man died of a heart attack in the hospital’s parking lot.

As regular readers will recall, 61-year-old Birgilio Marin-Fuentes suffered a heart attack as he drove into Adventist’s parking facility on February 10. He crashed his car into a wall, but lay in the vehicle unnoticed for more than 20 minutes despite the presence of surveillance cameras in the facility and the fact that the emergency room door was only a short distance away.

Police eventually arrived to help the stricken man. There is some dispute over how the hospital acted at this point. Some accounts say a police officer who ran to the emergency room was rebuffed by desk staff there and told the emergency needed to be telephoned in before hospital staff could respond – despite the emergency being on their own property. Hospital spokespersons have rejected that version of events. Martin-Fuentes died shortly after being moved inside the hospital building.

A federal investigation has now cleared the hospital of wrongdoing, but it is important to understand that this relatively narrow decision does not necessarily close the case in legal terms. According to The Oregonian, the federal review, conducted by the Department of Health and Human Services, found that no federal laws were violated. That review, however, was relatively narrow. Specifically, it addressed the 1986 law that “requires all Medicare participating hospitals with emergency departments to treat any critically ill patients on their premises, including parking lots,” the newspaper notes.

In this potential case of Oregon medical malpractice, however, the hospital’s responsibility may extend beyond a narrow reading of federal law. While it is true that Adventist eventually offered care to the accident victim the manner of their response – particularly the alleged overly technical attention to procedures designed to alert the hospital to accident victims across town as opposed to in their own parking garage – raises issues of both ethics and civil law. Put simply, the fact that Adventist violated no federal law, narrowly defined, does not mean that they may not still be responsible for a wrongful hospital death or case or Oregon medical malpractice on their property. A Portland hospital death and medical malpractice attorney can advise family members caught in unthinkable situations like this one of the best way to obtain justice when a narrow reading of federal criminal laws does not adequately address the harm suffered by victims and their families.

The Oregonian: Federal regulators clear Portland Adventist Medical Center in parking lot emergency

Oregon Public Broadcasting: Adventist passes review in parking lot death

A Florida judge has issued a key ruling in a closely watched wrongful death case that may have implications for student athletes here in Oregon and elsewhere.

The case concerns the death of Ereck Plancher, a 19-year-old student and football player at the University of Central Florida. Plancher died in March 2008 after collapsing during a spring workout that was being supervised by the university football coach. According to the Orlando Sentinel “an autopsy found that the stress of the workout triggered Plancher’s sickle cell trait, causing misshapen blood cells to damage his organs and shut down his body.”

Though the university “contends it did everything possible to save his life,” Plancher’s parents filed a wrongful death lawsuit against the school, its trustees and the UCF Athletics Association. Last week’s ruling allowed the parents to seek punitive damages in the case, but instructed the jury only to award such damages if the jurors “specifically find that no water and no athletic trainers were present for the final portion of Palncher’s workout.”

This case is worth watching, even from across the continent, because of the increased attention that safety among student athletes has been receiving, especially here in Oregon. Much of this attention has focused on Oregon traumatic brain injuries and Oregon spinal cord injuries. Still, wrongful death stemming from an overly intense workout, or inadequate precautions on the part of a school or its coaching staff, have emerged as issues in several cases in different parts of the country, and it is worth paying attention to how different courts resolve these issues.

The attorney representing the victim’s family put it well, telling the Sentinel: “It’s not about compensating the Plancher family, it’s about stopping football programs from disregarding the safety of student athletes.” Here in Portland, any Oregon wrongful death and traumatic brain injury attorney would agree with that sentiment.

Orlando Sentinel: Ereck Plancher family can seek punitive damages from UCF Athletic Association, judge rules

A trial now underway in Washington is raising serious questions about railway safety. According to TV station KGW, the Longview, Washington trial focuses not only on safety policies at the Burlington Northern Santa Fe Railway Company, but on how carefully those policies are enforced.

The Washington rail crash trial stems from “a collision between a train and a shuttle van in which three people were killed and a forth was critically injured,” the station reports. At issue is a BNSF policy of parking all stationary trains at least 250 feet from a rail crossing. The victims in this particular case died after being struck by a train that apparently could not see their van as it crossed the tracks because another train was parked only 50 feet from the crossing, blocking the engineer’s view.

One complication facing the victims’ families, however, is the fact that the incident took place on the railway company’s property, where laws designed to protect the public at public crossings do not have effect. Private crossings, such as those on company property, have “no requirements for lights or a crossing arm,” the paper reports.

The court heard testimony that many employees had complained in the past about safety policies related to crossings and how they are enforced on the railway’s property.

Families of victims in situations such as this need to know that the mere fact that an incident took place on private property does not exempt the railroad from legal requirements to operate safely. Though the company says it is studying this Washington motor vehicle accident from every possible angle, the fact remains that victims often find they have little recourse in dealing directly with the company. A Washington personal injury lawyer – particularly one licensed to practice throughout the Pacific Northwest – can offer families invaluable advice on the avenues open to them as they strive to achieve justice following a fatal Washington or Oregon train accident.

KGW.com: Atty: Railroad violated policy before crash

A report released this week by the consumer watchdog organization Public Citizen raises serious questions about the conduct of state medical boards, according to an analysis published by the Los Angeles Times. The charges, in turn, raise broader questions about the conduct of hospitals and doctors and the prevalence in our health care system of doctors who are problematic at best. Here in Oregon it must make conscientious citizens wonder whether instances of medical malpractice or even wrongful deaths have been allowed to occur as a result of insufficient professional oversight.

As outlined by Public Citizen on the group’s website (see link below) the study examined 20 years of data (1990-2009) regarding doctors who have had “one or more clinical privilege actions,” meaning that they have had some or all of their hospital or emergency privileges withdrawn because of misconduct, incompetence or some other professional infraction. It then compared these numbers with the numbers of physicians sanctioned over the same period by state medical boards. The analysis yields a shocking result: nationwide, 55% of doctors disciplined by their hospitals suffered no further punishment from their state licensing board.

When thinking about the possible implications of this information for Oregon medical malpractice we can take some comfort from the fact that our state had one of the better records on this score. In Oregon, 41.48% of doctors who had some or all of their hospital privileges revoked over the study period suffered no state-imposed sanction. That number is obviously far too high, though it is better than what one finds in most other states (for comparative purposes: Colorado had the lowest rate of unsanctioned doctors at 31.63%; Hawaii was worst with a truly shocking 77.08%).

Some will argue that the gap between hospital-punished and state-punished doctors is proof that individual hospitals hold their doctors to higher standards than the minimum prescribed by state medical boards, and, in fairness, it is reasonable to assume that at least some of the discrepancy can be accounted for in this manner. It is, however, equally reasonable to assume that a good proportion of the difference can be attributed to state medical boards being slow to act or, perhaps, applying standards that are too lax. That, in turn, raises the question: who is protecting patients from doctors who, after being disciplined at one hospital, simply move on to another?

The ideal, of course, is for all physicians to be properly supervised and, when necessary, disciplined. It is difficult for individual patients to assess a doctor’s credentials – that is why we have state medical boards in the first place. When patient are injured because regulatory bodies failed to act properly, it is time for our courts to get involved and to act as a final line of defense – and accountability – between doctors and the public. A Portland medical malpractice and wrongful death attorney can offer invaluable advice and assistance to families who believe a doctor who should not have been practicing has damaged their lives.

Los Angeles Times: Report: States fail to discipline rogue doctors

Washington Post: Report: State boards don’t punish all doctors sanctioned by hospitals

Public Citizen’s News Release on the Study (this page includes a link to the full report)

A truck driver from California died last week in an Oregon truck accident on I-84 near Rufus, east of Portland, according to The Oregonian.

The victim, identified by police as Lino Domingo Lopez-Hernandez, died as a result of an unusual chain of events that began with a blowout on his own vehicle. Sorting out any resulting Oregon personal injury or wrongful death claims that may eventually arise from the accident is likely to be a complex business.

According to the newspaper, the accident began to unfold shortly after midnight last Thursday as Lopez-Hernandez was driving his big-rig west on I-84. The truck lost two tires and an axel for reasons that remain unclear. Lopez-Hernandez immediately pulled over. He was walking along the side of the road looking for the missing pieces of his truck when a pick-up, also traveling in the westbound lane, hit the truck debris, hurling it into Lopez-Hernandez. “The flying debris sent him over a guardrail and about 200 feet down an embankment, where authorities found his body,” The Oregonian reports.

The potential legal issues raised by this tragedy are legion. Could the driver of the pick-up reasonably have avoided the debris? Was Lopez-Hernandez searching for the lost pieces of his truck in a reasonably safe way? Was the truck itself defective or improperly maintained – a fact that, if it were proven to be true, could leave the truck’s manufacturer or owner subject to an Oregon industrial accident claim (exactly who might be liable would depend on who owned and serviced the truck and their legal relationship to the victim).

In cases like this, it is the role of a Portland truck crash lawyer to sort through exactly these sort of complex issues, helping victims and their families achieve the justice they deserve. Our legal system can be confusing for outsiders, but that does not mean that victims should surrender their rights. An Oregon personal injury attorney can act as both our advocate and your guide through every level of our court system.

The Oregonian: Police identify California trucker killed on I-84 near Rufus

Salem Statesman-Journal: 1 dead in early morning crash on I-84

With little public notice this week the House Judiciary Committee in Washington DC sent to the floor a proposed law that, if enacted, will dramatically curtail the right of Oregonians to receive just compensation in medical malpractice lawsuits. As laid out in the official summary of the legislation (click here to read the full summary at the legislative-tracking website Thomas.gov) the so-called Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2011 would shorten the statute of limitations for most medical malpractice cases and make it much more difficult to win punitive damages in an Oregon medical malpractice case. Any defendant who managed to win in court despite these new rules would find that the law also places severe limits on the size of the damages a court can award.

The bill, sponsored by Rep. Phil Gingrey (R-GA), was first introduced late last month as HR 5 (the Senate version of the legislation, S 218, is sponsored by Nevada Republican John Ensign). It was hustled through the House Judiciary Committee earlier this month and passed out of committee on a voice vote – a stunningly fast timeline for such potentially momentous legislation.

Two of the most telling aspects of HR 5 are clauses that would shield the pharmaceutical and medical device industries from responsibility for their actions while limiting attorney’s fees in medical malpractice and medical wrongful death suits to a level that may discourage many attorneys from taking on such cases.

The sections shielding medical companies would bar the awarding of punitive damages for any claim against a product “approved, cleared or licensed by the Food and Drug Administration” while also making it much harder to sue the doctors and other medical staff themselves. Victims would have to prove that a medical professional had acted with “malicious intent” – a standard that seems designed to be impossible to meet.

Even if someone did manage to convince a court that a doctor was trying to harm the patient (that’s basically what “malicious intent” means) the law would severely limit both the amount the victim could win, and the portion of the award that could go for attorney’s fees. In this respect, the bill seems to be modeled on legislation recently enacted in Texas which, as I wrote last December, has made it difficult for victims to find attorneys economically able to take their cases and defend them against deep-pocketed hospitals and medical companies.

The question going forward is whether we, as Americans, will allow our rights to justice and fair compensation to be taken away so easily?

On its surface it is an Oregon wrongful death story so unbelievable it reads like the plot of a prime time police drama: a man feeling ill and heading for the hospital suffers a heart attack, crashes his car into a wall inside the hospital’s parking structure only steps from the emergency room entrance… then lies there, unconscious, for 20 minutes before anyone notices him. When summoned to the scene, the police attempt to revive him while sending another officer running into the emergency room for help – only to be told that hospital protocol requires the police to call 911 first and then wait for a dispatcher to give a formal order for the hospital’s own ambulance to pick up a patient lying only steps from the emergency room door, according to an account published in The Oregonian.

The heart attack victim, Birgilio Marin-Fuentes eventually made it into the emergency room, but was pronounced dead a short time later. The week since this Oregon hospital death has been marked by finger pointing between the police and the hospital, Portland Adventist, a threat from a U.S. congressman to investigate the hospital and seeming incomprehension throughout the city at how bureaucracy could have gotten so badly in the way of what would seem to be simple common sense.

However this case is eventually resolved on a criminal level, it raises serious questions that may also need to be resolved in civil court, via a Portland wrongful death or Portland medical malpractice lawsuit. Even if there were compelling reasons to adhere to procedures designed to dispatch emergency care across town, rather than across the hospital’s own parking lot, one needs to ask, in turn, why the emergency protocols themselves were so rigid.

Questions like these are best addressed with the help of a Portland wrongful death attorney who specializes in Oregon medical malpractice and personal injury law. A skilled legal specialist can advise families and survivors on the best ways to obtain justice in the wake of what can seem like a particularly senseless tragedy.

The Oregonian: Portland police try to save a life just outside Portland Adventist Medical Center

The criminal phase of the trial of a Tri-Met driver responsible for what The Oregonian calls “the worst transit tragedy in modern Portland history” has reached a turning point. Earlier this month, Sandi Day was convicted on all six charges she faced stemming from last year’s fatal Portland bus crash.

According to the newspaper, the judge “ordered Day to pay more than $1000 in fines, perform 200 hours of community service and complete a traffic safety course.” She also faces the loss of her commercial driving license and possible additional fines if she does not “comply with her sentence within a year.” As I noted in a post early last summer, the accident has already led to changes in Tri-Met’s operating procedures.

Day drove her bus into five people last April as she executed an illegal left turn. According to The Oregonian, police testified at her trial that she kept driving for 2.5 seconds after hitting five pedestrians in a crosswalk at approximately 13 miles per hour. Two of the pedestrians were dragged beneath the bus and died. Three others were injured.

As the newspaper reports, “a Multnomah County grand jury cleared (Day) of criminal wrongdoing in the crash.” That fact accounts for what some readers might see as a relatively minor sentence (a fine and community service) for an Oregon fatal bus crash resulting in two deaths. Day still faces civil cases, however. The paper notes that one of the crash survivors is suing Day, Tri-Met’s former general manager “and others” for $30 million in damages.

Cases like this are a reminder of why our civil court procedures are so important. When a grand jury fails to hand up significant criminal charges the civil court process allows victims and their families a chance to right the scales and see justice done through Oregon wrongful death suits, Oregon personal injury suits and other legal actions.

The Oregonian: Judge convicts former TriMet driver Sandi Day of all charges in crash that killed two women

An article just published by the online magazine Slate raises an intriguing question: is it safer to drive head-first into a parking spot, the way most Americans do? Or to back into it? The question is relevant because if there is strong data suggesting that backing into parking spaces is, by and large, safer that, in turn, would mean that we ought to begin looking at Oregon car accidents in different ways.

We all know, of course, that Portland car accidents can lead to any number of traumas: Oregon brain injuries, injuries to children, even wrongful death. Who among us has not had a near miss either when backing out of a parking space or when passing by (whether in a car or on foot) someone who is doing so without paying sufficient attention.

Though Slate notes that “parking lot crash statistics are a bit hazy,” it goes on to note: “a study by the Insurance Institute for Highway Safety in 2001 and 2002 found that 14 percent of all damage claims involved crashes in parking lots (some number of which must have involved vehicles moving in and out of spaces).” Further, the National Highway Traffic Safety Administration in a report to Congress last year estimated that “backover crashes,” as they are officially known, “cause at least 183 fatalities annually” as well as approximately 7000 injuries. The NHTSA is studying new rules that it hopes may lower these numbers by cutting the size of vehicle blind spots.

Pedestrians of all ages are at risk where Oregon backover crashes are concerned, as are Portland cyclists. As the government report notes however, it is children who are particularly vulnerable where backover injuries are concerned.

An Oregon child injury lawyer can help victims and their families as they as they consider their next moves in the aftermath of a backover crash or other Portland car accident. For the moment, it might also be good for the rest of us to at least think about Slate’s advice and consider backing into parking spaces more often. As the magazine notes, when you back in you have the opportunity in driving past the space to glance over and ensure that it is clear before starting to park. Similarly, when pulling out one has a clearer view of the traffic or the rest of the parking lot.

Slate: You’re Parking Wrong

National Highway Traffic Safety Administration: Vehicle Backover Avoidance Technology Study – Report to Congress

The driver of a van whose crash left his two passengers dead earlier this week has been charged with a range of offenses, including manslaughter in the first degree and Oregon drunk driving, according to The Oregonian.

The Oregon car accident occurred Tuesday morning near Seal Rock, on the Central Oregon coast. The Oregonian, quoting Oregon State Police, reports that 24-year-old Jose De Leon Colomo was driving north on US-101 when his “van failed to negotiate a left curve, traveled over an embankment, and crashed into a tree, police said. The van broke into several pieces.”

The two passengers in the van were pronounced dead at the scene of the alleged Central Oregon drunk driving crash. Colomo, the driver, was treated at an area hospital before being placed under arrest and transferred to the Lincoln County jail. In addition to drunk driving and manslaughter he has also been charged with recklessly endangering another person and reckless driving, according to The Oregonian.

In incidents like these survivors and their families, once they are past the initial crisis and shock of the accident, need to consider their options as they seek to see justice done and to put their lives back together. Drunk driving can often be traced to bartenders or liquor store staff who can be held accountable for their actions under Oregon’s dram shop laws. Car accidents that stem from negligence may lead to Oregon wrongful death claims.

A Portland personal injury attorney with expertise in Oregon dram shop laws, Oregon drunk driving cases and Oregon wrongful death actions can offer advice in difficult times like these, helping bereaved families consider their options as they try to put their lives back together and seek justice.

The Oregonian: Newport man charged with manslaughter after two die in van wreck

Siuslaw News: Update on 101 fatal crash: driver arrested

A newspaper’s detailed account of a teenage girl who suffered brain damage and eventually died because of negligence during what should have been a routine outpatient procedure was presented to Congress last week by patients rights advocates, according to an account in the Sacramento Bee.

The girl suffered brain damage during what should have been a routine procedure at a Los Angeles area hospital operated by UCLA. She never regained consciousness and died shortly after her parents authorized the removal of her respirator. What is truly shocking about this case, however, is the lengthy battle the girl’s parents had to go through just to get the hospital to level with them about what happened – and the difficulties they experienced in finding a medical malpractice attorney willing to take the case because of statutory limits on medical malpractice damages.

Hospitals and doctors claim such limits are necessary to curb frivolous lawsuits. In many states, however, the effect has been to shield the medical industry from accountability for negligence, particularly negligence leading to wrongful deaths here in Oregon and elsewhere around the country. Relatively low damage limits, in particular, can create an incentive for hospitals to stall families and their wrongful death attorneys with the goal of making the case too expensive for a personal injury or medical malpractice lawyer to pursue.

Additionally, the wide variance of medical malpractice law from state to state can make it especially difficult for bereaved families to know where they stand.

For all these reasons it is especially important that families who believe they may have been the victim of medical negligence here in Oregon to contact a Portland medical malpractice attorney at the first possible opportunity. Justice is best served by making the proper enquiries as soon as possible after the damage is done.

Sacramento Bee: Parents assail malpractice caps after daughter’s death at UCLA hospital

A case headed for California’s courts offers a pointed reminder that there is more to ‘distracted driving’ than cellphones. According to the Orange County Register, a man in southern California has been charged with vehicular manslaughter for causing a baby’s death because he “was distracted by a laptop sliding off his passenger seat.” In California the charge of “vehicular manslaughter without gross negligence” caries a potential sentence of a year in jail.

According to the paper, the fatal car accident took place last September. It began when the driver, as he crossed some railroad tracks, turned his attention to a laptop sitting in the passenger seat that he feared would slide out of its bag. As a result, he “did not notice that the traffic in front of him had stopped” and rear-ended the vehicle in front of him. That vehicle, in turn, lurched forward, striking an Australian tourist who was making her way across a crosswalk with her baby in a stroller as well as her 11-year-old niece and 7-year-old nephew.

The woman and the 11 year old were struck and injured by the car at the head of the chain-reaction accident. The baby was launched from her stroller, landing “approximately 70 feet away,” the newspaper reports.

Legally-speaking, this tragedy, were it to happen here in Oregon, probably would not qualify as Oregon distracted driving, a term we generally reserve for violations of Oregon’s ban on texting and the use of cellphones without a hands-free device (California has similar laws). That would not mean the victim’s family wouldn’t have legal remedies, such as an Oregon wrongful death or Oregon negligent driving lawsuit.

From this distance, and at this time, the important lesson this case offers us here in Oregon is the reminder that cellphones are far from the only distractions drivers need to be aware of when they are behind the wheel. If you or a family member have been the victim of a motorist distracted by something besides a cellphone when they should have been paying closer attention to traffic and the road, consulting a Portland car accident attorney at the earliest possible opportunity is a key first step in protecting your rights.

Orange County Register: Distracted Driver Charged in Baby’s Death

A medical journal study released this month offers alarming evidence about the long-term prospects for stroke victims and raises broader questions about the way hospitals treat them. The study, originally published in the medical journal Stroke, and reported on by a number of mainstream media outlets, found that, as summarized by Bloomberg Businessweek: “within a year of having a stroke, almost two-thirds of Medicare patients die or wind up back in the hospital.”

According to Businessweek, the study looked at data covering over 91,000 Medicare patients at 625 hospitals nationwide. It covered the years 2003 to 2006 and found no change in the rates of rehospitalization or death over that period. One caveat, noted by outside experts interviewed by the magazine, is that a study like this – one focusing on older patients – can have a difficult time controlling for other medical issues the patients may be experiencing.

The study uncovered a death rate of 14.1 percent within the first 30 days after a stroke and 31.1 percent within a year. More alarmingly, “61.9 percent of stroke patients were readmitted to hospital or died within a year of their stroke,” Businessweek notes.

The results raise complex questions about wrongful death and medical malpractice both here in Oregon and elsewhere. Does this extraordinarily high rehospitalization rate indicate that the medical profession may not be handling stroke victims – especially those on Medicare – in the best way possible? Is a failure to question ‘standard’ practices leading to worse outcomes form patients?

As the medical profession begins to grapple with these questions the study’s findings are something loved-ones should keep in mind in considering whether a companion or relative has received the best and most appropriate treatment when hospitalized following a stroke. Consulting with a Portland medical malpractice and wrongful death attorney is a key first step toward protecting your family’s rights and ensuring that justice is done following a stroke or other medical tragedy.

Bloomberg Businessweek: Health Risks Rise for Medicare Patients in Year After Stroke

WebMD: Study Gives ‘Striking’ Snapshot of Stroke Prognosis

Resource:
Centers For Disease Control & Prevention – Stroke Information Page

A crowd turned out on Barbur Boulevard last night to remember Angela Burke, according to an account posted on the Bike Portland website. Burke, 26, was killed last week by what The Oregonian, quoting police and witnesses, described as a speeding car (reportedly doing 75 in a 35 mph zone) traveling barely on the edge of control.

The Oregonian reports that the driver who allegedly struck Burke was arraigned last Friday “on allegations of negligent homicide and driving under the influence of intoxicants.” He was reported to have significant amounts of both alcohol and marijuana in his system at the time of his arrest, shortly after the Portland fatal pedestrian car crash that killed Burke. The suspect has another court date scheduled later this week.

As both the newspaper and Bike Portland noted, the stretch of Barbur where Burke died is notoriously difficult for Oregon pedestrians and cyclists to cross safely, especially at rush hour. Even those going to last night’s vigil were urged to take safety precautions.

There is a certain irony in the fact that Portland – a city known nationwide for its friendliness to bicyclists and pedestrians - has seen such a rash of fatal bike and pedestrian accidents over the last few years. The very stretch of Barbur where Burke died last week was the site of a similar Portland fatal traffic accident just two months ago.

While authorities say they are working to correct this situation many broader questions need to be considered by our community. In particular, one has to ask what sort of justice family members of Burke and victims like her can obtain in the wake of Portland pedestrian accidents such as this one. Criminal accountability does not begin to settle the accounts of a family’s pain and suffering, lost wages or companionship. It does not, in short, settle the accounts required by justice. For that we must rely on the civil court system and the assistance a Portland pedestrian and bike accident lawyer can offer bereaved family members, or victims struggling to put their lives back together in the wake of someone else’s recklessness.

The Oregonian: Vigil planned tonight for Angela Burke, struck and killed by motorist on SW Barbour Boulevard

Bike Portland: Vigil brings light to tragic stretch of Barbur Blvd

KXL Radio: Vigil Mourns Another Portland Pedestrian Death

Nine months after an explosion in a West Virginia coal mine left 29 mine worker dead, the Wall Street Journal reports that many families torn apart by the tragedy remain unsure of their next legal steps forward. Their stories contain many lessons for Oregon families thrown into similarly tragic circumstances as the result of an Oregon wrongful death or industrial accident.

As the paper reports, within days of the mine explosion the board of Massey Energy Company, one of the largest and most powerful companies in West Virginia, offered each family a settlement: $3 million in compensation for the death, lost wages and lost companionship of their loved-one, in exchange for giving up any right to sue the company. The Journal reports that, at present, only seven families have agreed to the company’s settlement, and that “in at least two cases family members are at odds and plan to let a court decide which path they should take.”

For the families the choice is a painful one. As the Journal quotes one victim’s father, himself a miner, saying: “I don’t think it’s justifiable that they want to put a dollar sign on my boy.” As the article notes, the families of workers involved in other industrial accidents often face similarly agonizing choices.

For working families, the compensation offered can seem like an overwhelming amount of money, but accepting it, and foregoing the opportunity to file a wrongful death lawsuit, can leave relatives feeling that they have traded cash for accountability.

For those left behind, there are never any easy answers when confronted with choices like these. That is why taking time to explore, and carefully consider, options makes so much sense. Talking with a personal injury or wrongful death attorney does not, in and of itself, commit you to any course of action, but can offer both information and legal insights that are crucial when making such an important decision.

Wall Street Journal: Dead Miners’ Kin Wrestle With Choice to Settle or Sue

A scathing statement released Tuesday by the National Transportation Safety Board cites “a series of improper actions” by a Grant’s Pass, Oregon contractor leading up to a 2008 crash that killed nine firefighters in California. According to a report in The Oregonian, the NTSB’s chairwoman found some actions by the company, Carson Helicopters, “so distressing that the NTSB has alerted the Department of Transportation’s inspector general to investigate in more detail, looking for possible criminal wrongdoing.”

The NTSB statement (see link below) paints a devastating picture of corporate negligence and deception. Referring to Carson, whose helicopters were contracted out to the US Forest Service for firefighting purposes, the NTSB writes: “The contractor’s actions included the intentional alteration of weight documents and performance charts and the use of unapproved performance calculations.”

Though the NTSB also found fault with actions by both the Forest Service and the Federal Aviation Administration, “Carson’s actions were so egregious – so egregious – that they have to go first,” NTSB member Robert Sumwalt told The Oregonian.

When government investigators believe the evidence of wrongdoing to be so overwhelming, the question has to be asked: what is the best way for the victims families to obtain justice? Criminal sanctions may deter Carson or other companies from similar activity in the future, but they offer little to the families of the dead and the injured.

In the wake of the NTSB report a strong case can be made that the firefighters tragedy is grounds for an Oregon wrongful death action in civil court. Though the helicopter crash took place in California, the fact that Carson is an Oregon-based company means that the bereaved families would be well-advised to speak with an Oregon wrongful death attorney as they consider their options in the wake of this needless tragedy.

The Oregonian: NTSB lambasts Carson Helicopters of Grant’s Pass in 2008 crash that killed 9 firefighters

NTSB News Release on Carson Helicopters and the Weaverville CA Crash

The death of a young Corvallis man on Thanksgiving Day as the result of an Oregon motor vehicle accident involving an armored car was a sad reminder of the dangers of driving on holiday weekends and has left a number of legal questions potentially unresolved.

Joseph Michael Pablo was riding in the back of an armored car early on the morning before Thanksgiving when the vehicle’s driver lost control, according to reports in the Corvallis Gazette-Times and the Salem Statesman-Journal. The accident took place off Highway 99W near Monmouth, southwest of Salem. The Gazette-Times reports that Pablo’s armored “truck was headed south and veered off the right side of the road, hit a tree and rolled several times before coming to rest on its roof.”

Pablo had been riding in the back of the truck as part of his job as a guard working for the company operating the vehicle. Pablo was transported to an area hospital in critical condition and died of his injuries the following day. The truck’s driver at the time of the Oregon fatal truck accident was not seriously injured and did not require hospitalization. He was cited for Oregon careless driving, according to the Gazette-Times.

Beyond the tragedy of the accident itself the information available to the media left many questions unanswered about this incident. The fact that the driver received a citation does not close the book on this fatal Oregon motor vehicle accident.

Should the driver be subject to an Oregon wrongful death suit? What were the safety arrangements in the back of the armored car, and were they adequate? If they were not adequate does that make the truck’s owner or its manufacturer at least partially responsible for Pablo’s death? These and other difficult questions are best addressed with the help of an Oregon personal injury and wrongful death lawyer. Obtaining justice in the wake of a tragedy such as this can be a long and painful process. Seeking skilled legal counsel is an important first step toward achieving it.

Corvallis Gazette-Times: Corvallis man dies after armored truck crash

Salem Statesman-Journal: Corvallis man injured riding in back of armored car has died

The family of a driver who died in an Oregon truck crash earlier this year has filed an Oregon wrongful death lawsuit against the other driver involved in the accident, according to a report in the Eugene Register-Guard.

Because the driver of the truck that caused the accident is already serving an 18-month prison term in connection with the fatal Oregon big rig crash, this case offers an especially clear reminder of something I have frequently mentioned in this space: the fact that the search for justice does not end in our criminal courts.

According to the Register-Guard the fatal accident on Highway 58 east of Eugene took place last March. Driver Bon Puckett “pleaded guilty last month to criminally negligent homicide and hit-and-run in connection with the pre-dawn wreck.” The accident took place when 28,000 pounds of hay Puckett was hauling that morning came loose and crushed the cab of a paint truck driven by Gregory Muller of Nevada. Prosecutors later contended that Puckett had not secured the hay properly and that his truck had not been properly maintained.

The Oregon wrongful death suit filed this week by Muller’s family broadens those charges, citing Puckett’s father and mother and their farm company, for whom the younger Puckett driving that morning, in its request for damages. The suit alleges that the elder Puckett knew his son was not properly qualified to secure the huge load of hay, that the load itself exceeded the legal limit and that the destination it was bound for was “outside the 150-mile radius in which Oregon farm-use vehicles are permitted to carry cargo” without a commercial hauling license.

In widening the circle of responsibility, the Muller family’s Oregon wrongful death lawsuit recognizes that responsibility for preventable accidents like this one often extends beyond the person who was driving at the time of an accident. Justice often requires the casting of a wider net. The role of an Oregon wrongful death attorney is to help clients determine the best approach to difficult questions like this, based on the specific circumstances of their case.

Eugene Register-Guard: Hay crash victim’s family files lawsuit

KEZI.com: Family of truck driver files wrongful death lawsuit

A 67-year-old woman trying out a “go kart-like” vehicle at a California swap meet was killed last week when she lost control of the vehicle, drove out into traffic and was hit by a car. The sudden and unexpected tragedy raises a host of legal questions, particularly concerning liability and whether the woman’s accident can be defined as a wrongful death.

Family members later told the Orange County Register that Hwa Oh had never driven a go-kart before. The newspaper reports that while visiting the swap meet with her sister she accepted an offer to try out the go-kart in the facility’s parking lot. According to an account of the accident by the Associated Press, moments after taking the wheel the woman “lost control of the cart and ran through some bushes, across a sidewalk and onto a street.” She was pronounced dead at an area hospital a short time after the accident.

The AP report notes that law enforcement did not issue any citations at the scene of the accident. That decision by the local police does not, however, necessarily foreclose the possibility of legal action. One has to ask whether appropriate safety measures were in place in the parking lot before the woman climbed into the go-kart. We know from her surviving relatives that she had never driven such a vehicle, but did the cart’s owner ever ask that question? Should the owner of the property even have allowed people to drive around an active parking lot in small, fast, unsafe vehicles?

These are the sort of questions that an experienced personal injury and wrongful death attorney can help you address in the wake of a fatal accident, or one that causes a serious injury. Here in Oregon the laws defining wrongful death can be difficult for the layperson to understand. A Portland wrongful death attorney can, however, walk you through the nuances of the law to help determine whether the court system is the best avenue for you to follow when seeking justice in the wake of tragedy.

Orange County Register: Family: Woman killed in go-kart had never driven one before

AP via Los Angeles Times: Southern Calif. Woman driving go kart-like vehicle dies after veering into traffic

A circuit court ruling issued at the end of last month has the potential to offer significant protections for Oregon families considering wrongful death claims related to Oregon nursing home abuse and neglect or medical malpractice.

The case, formally known as Bradley v Sebelius, turns on a wrongful death claim in Florida. After Charles Burke died in early 2005 his ten surviving children sued the nursing home where he had lived prior to his final hospitalization claiming that the nursing home’s negligence led to the infection that eventually killed their father. The case was settled out-of-court without reaching trial, with the nursing home’s insurer agreeing to a claim of $52,500 – the maximum that the home’s liability insurance policy would allow.

At that point, however, Medicare stepped in demanding that around half of the total settlement be remitted to the government to reimburse Medicare’s expenditures for Burke’s hospital care prior to his death. A probate court ruled against Medicare, deciding that it was entitled only to a share of the wrongful death settlement and awarding the government $787.50. Medicare took the case to federal court and won at the district level. That decision has now been reversed by the 11th Circuit Court of Appeals.

The 11th Circuit covers Florida, Georgia and Alabama. Technically speaking the ruling is binding only in those states. Federal courts throughout the country, however, are bound to take notice of it – and the ruling offers Oregon wrongful death attorneys a powerful precedent they may cite when arguing similar Oregon nursing home abuse and neglect claims in our own courts.

Situations like this are examples of exactly the sort of complex legal issues that a Portland wrongful death attorney can sort through on clients’ behalf. If you have been forced to surrender a substantial portion of a Portland wrongful death settlement to Medicare, Medicaid or another government agency to reimburse costs they incurred while your loved one was still alive the government’s math is not the only thing that counts. A Portland wrongful death attorney can examine your case and advise on the best way to protect your rights.

Link to the 11th Circuit Court of Appeals opinion: Bradley v Sebelius

Yamaha’s Rhino off-road vehicle is emerging as a target of significant personal injury lawsuits here in Oregon and elsewhere around the country, according to a recent article in The Oregonian. The paper notes that the Rhino, first introduced in 2003, is the subject of “about 700 injury and wrongful death claims” nationwide, including several in Oregon.

Only five such cases have gone to trial so far, and the company has won four of those (the exception was in Georgia), but, the paper notes, “Yamaha has quietly paid settlements in at least 40 Rhino cases, some on the eve of trial.” The paper’s reporting, which was compiled by the consumer watchdog organization FairWarning.org, also says the federal government’s Consumer Product Safety Commission “has received reports of 70 deaths in Rhino crashes.” An August 2009 CPSC news release notes that several models of the Rhino were recalled for repairs “in order to enhance stability and reduce the potential for rollover.” At the time of the recall the company also gave Rhino owners free helmets.

The company says the vehicles are safe, and that its winning record at trial proves it. Consumer advocates, according to The Oregonian, counter that the company has, until now, successfully cherry-picked cases it was likely to win: instances in which reckless driving appeared to have played a role in the injuries or deaths resulting from accidents involving Rhinos. A March 2009 CPSC report noted, however, that many of the more recent accident reports “appear to involve turns at relatively low speeds on level terrain,” according to The Oregonian.

Sorting through contradictory claims like these is exactly the sort of situation in which most consumers will benefit from the experience a Portland personal injury attorney can bring to the table. The first step on the long road to justice involves determining how the law is likely to view the injuries you or your loved ones have suffered, and then thinking through the best ways to present your case in a court.

Huge multi-national companies can sometimes appear to hold all of the cards, but with an Oregon personal injury and wrongful death lawyer in your corner your fight for justice after an accident stands a much better chance of succeeding.

The Oregonian: Yamaha faces hundreds of lawsuits over off-road rhino injuries, deaths

CPSC News Release Concerning the Yamaha Rhino

A Portland traffic accident last week that resulted in the death of a 54-year-old pedestrian is still under investigation by Oregon law enforcement authorities, according to The Oregonian and other local media. Though the police are reported to have issued no citations at the site of the accident, the incident raises the possibility of a Portland wrongful death claim.

According to The Oregonian, “Christopher Berard, of Southwest Portland, was crossing SW Barbur at SW Capitol Highway from east to west around 8:45 p.m. against the “Don’t Walk” signal” last Thursday when he was struck by a car headed south on SW Barbur.

Berard was transported to a nearby hospital following the Portland traffic accident, but subsequently died of his injuries, according to television station KPTV. Though the precise circumstances of the fatal Oregon car accident remain under investigation the driver of the car that struck Berard is cooperating with law enforcement, KPTV reports.

Any Portland fatal car accident is a tragedy. Situations such as this one, however, also raise legal issues that go beyond the question of whether or not the police issue citations. If you or a loved one have been the victim of an Oregon traffic accident in which someone was injured, or even killed, you owe it to yourself and your family to speak with a Portland traffic accident attorney at the first possible opportunity.

The fact that no citations were issued at the scene does not mean that the driver cannot, or should not, be held responsible for his or her actions. An Oregon personal injury attorney with deep experience in Oregon wrongful death and Portland traffic accident cases can advise you and your loved ones of the best course of action as you strive to put your life back together while seeing that justice is done.

KPTV.com: Pedestrian Dies Following SW Portland Wreck

The Oregonian: Pedestrian dies after being struck while crossing SW Barbur

An August 2009 head-on car crash that left two dead in Bethany, near Beaverton, is the subject of a suit brought under Oregon’s dram shop laws, according to an article published last week in The Oregonian.

The Oregon dram shop suit has been brought by the family of Thai Hoang-Williams, who died as a result of a head-on collision with Belinda Lopez, who also died in the Oregon car crash. Lopez’s car crossed the centerline to strike Hoang-Williams’ vehicle. At the time, police blamed speed for the accident, but a private investigator hired by Hoang-Williams’ family also found that Lopez had been drinking heavily at a nearby restaurant, Chen’s Dynasty, shortly before the accident.

According to the newspaper, the Oregon wrongful death lawsuit alleges that Chen’s Dynasty shares responsibility for the accident with Lopez herself because it allegedly continued to serve her alcohol after she was drunk. This claim, according to the newspaper, is based on toxicology reports that were not released publicly at the time of the crash, but which show Lopez to have been significantly over the legal limit for blood alcohol at the time of the accident.

The case is a strong reminder of the responsibility bartenders bear, especially when they know that many of their customers arrived by car and also intend to leave that way. Bartenders and retail alcohol merchants need to understand that they, too, can be held responsible for Oregon drunk driving and the irreparable damage it can cause to families across our state.

If you, or a member of your family, have been victimized by a Portland, Beaverton, Corvallis or Bethany drunk driver it is essential that you consult with an Oregon personal injury and wrongful death attorney who is familiar with the ins-and-outs of dram shop laws. Obtaining justice can be a long and difficult road, but with the help of a Portland car crash and wrongful death lawyer you can help send a message that responsible behavior is required of vendors as well as drinkers.

The Oregonian: Family accuses Chen’s Dynasty of overserving Lake Oswego teacher before fatal crash

A logging accident in Chehalis, Washington late last week led to one worker’s death, according to a report by the Associated Press. According to the news agency, 47-year old Michael Messner of Longview, Washington died “while operating a logging processor.”

Quoting police sources, the agency says “Messner died Thursday when a chain broke and rammed through the windshield of the processor’s cab, striking him in the throat.” Washington state officials have begun an investigation. An official of the logging company for whom Messner was working says the company is also conducting its own investigation of the workplace accident.

All of this is noteworthy for Oregonians because of the reported circumstances surrounding Messner’s death. Had a similar accident taken place here in Oregon the victim’s family would be well-advised to consult with a Portland industrial accident attorney to see whether grounds exist for an Oregon wrongful death lawsuit.

Ordinarily, workplace injuries are handled under the workman’s compensation system – legally speaking, a different topic. But the involvement, or potential involvement, of a third party changes the situation under Oregon law. In such situations an Oregon wrongful death or Oregon defective product suit may be possible. In the case of Mr. Messner, for example, an Oregon wrongful death attorney would have to ask whether defects in the machinery he was operating led to the accident that killed him. Should the chain have broken in the first place and, once it did, was it reasonable to expect the windshield to stop it?

Legal issues such as these can be complex, and often require the specialized skills a Portland, Salem, Eugene or Corvallis personal injury attorney can offer to clients. If tragedy strikes a loved one while he or she is on the job, it is important to ask whether a defective Oregon product may have been partly to blame.

AP via The Oregonian: Longview man killed in logging operation near Chehalis, Wash.

A fatal fall at a temporary ice rink has put the city of Irvine, California on the receiving end of a $40 million wrongful death lawsuit. According to the Los Angeles Times, 49-year old Cherlynn Tang died last February from injuries sustained moments after she stepped off of the ice at a temporary rink built as a winter attraction by the city.

Last week the Orange County Register reported that Tang’s family is suing the city. “The lawsuit claims that the accident was the result of melted water that had been allowed to accumulate on the rink,” according to the Register. Media accounts say Tang slipped and tumbled backwards as she stepped off the ice, striking her head as she fell. The family also alleges that there were no medical personnel at the Great Park Ice Rink, resulting in a 20 minute delay in Tang receiving medical treatment, a time period that may have been crucial in determining whether she lived or died. Tang’s family is seeking $40 million in damages from the city.

This case is a tragic reminder of how important it is for cities and towns to take special care when setting up recreational activities that, while fun, are not necessarily in synch with their surroundings. Irvine’s temporary ice rink was located inside an unused airplane hanger which was open at both ends to the warm Southern California air. At the heart of the Tang family’s suit, according to the Register, is the allegation that the city did not take adequate precautions to protect users of an ice rink in an environment where ice was far from natural.

When a loved one dies in circumstances like these, making immediate contact with an experienced personal injury lawyer is an essential first step in the fight to protect your rights. If a situation like this were to arise here in Oregon, a Portland wrongful death attorney would be able to advise you and other family members of the best way to proceed in light of the particular circumstances of your case.

Obtaining justice in the wake of an Oregon wrongful death is often a struggle. When the odds all appear to be stacked against you, an Oregon wrongful death and personal injury lawyer can be one of your most important allies.

Orange County Register: Lawsuit: Unsafe ice rink led to Great Park death

Los Angeles Times: Irvine mother dies after falling at Great Park ice rink

The 2008 death of a 25-year-old woman who was kept waiting at an Oregon hospital for more than six hours has prompted an Oregon wrongful death lawsuit directed against Springfield’s Sacred Heart Medical Center, according to the Associated Press.

The suit was filed by the woman’s parents, a couple from Eugene, who contend that the hospital’s failure to see and treat their daughter in a timely manner contributed to her death two days before Christmas 2008.

According to the AP, the woman, Martha Barr, arrived at the hospital around midday and was initially assessed by hospital staff as suffering from “shortness of breath, anxiety, fatigue, abnormally fast heart and respiration rates and low oxygen saturation.” It was, however, more than six hours before a doctor actually examined her. The doctor reportedly ordered a series of tests, but Barr went into “respiratory and cardiac arrest” before they could be performed and died just over two hours later. AP reports that in the Springfield wrongful death court papers the Eugene parents “contend that a long wait to see an emergency room doctor proved fatal for their daughter.”

Tragedies like the one endured by the Barr family are precisely the sort of events that should lead surviving loved ones to consult with an experienced Oregon personal injury attorney with detailed knowledge of Portland wrongful death and medical malpractice issues. A skilled professional can offer invaluable advice to bereaved family members at these most difficult of times.

AP via MSNBC: Parents in wrongful death lawsuit against hospital

New York Injury News: Springfield Oregon-based hospital named in Wrongful Death Lawsuit

Contracts between the Pentagon and defense contractor Kellogg, Brown & Root grant the company complete immunity in Iraq for harm its employees may cause to either Iraqi civilians or American and other coalition soldiers.

That immunity – cited by KBR in defending itself against an Oregon workplace injury lawsuit – has prompted Rep. Earl Blumenauer, a Democrat who represents much of the Portland area, to demand an explanation from Defense Secretary Robert Gates, according to The Oregonian. In his letter to Gates, Blumenauer called the blanket liability exemption “mind-numbing”.

The newspaper reports that the exemption came to light as part of a lawsuit filed by 26 Oregon National Guardsmen who served in Iraq in 2003. The troops were assigned to guard KBR employees undertaking reconstruction work. The guardsmen claim that “the contractor knowingly or negligently exposed them to a cancer-causing chemical” the newspaper reports. A similar suit is also being considered by courts in Indiana.

The company has argued that the exemption – which was originally kept secret – immunizes it from any liability concerning injuries the soldiers may have suffered while guarding its activities.

This case is a reminder of the important role an Oregon personal injury lawyer can play in resolving claims related to Oregon workplace accidents – especially those which may have resulted in a wrongful death. Consulting with a Portland industrial accident attorney can be an important first step in determining what recourse you may have following an industrial accident – particularly one whose origins can be traced to negligence on the part of the company. Holding powerful private-sector companies responsible for the damage they cause is one of the most important functions with which a Portland industrial liability lawyer can assist you.

The Oregonian: Blumenauer demands that Pentagon explain KBR immunity deal

The Oregon Supreme Court sided with cigarette giant Philip Morris last week in refusing to reinstate a $100 million punitive damage ruling issued by a lower court in 2002. That earlier ruling was overturned by a state appellate court in 2006.

It is important to note that one part of the Oregon product liability and wrongful death case still stands: the original Oregon jury award of more than $164,500 in “economic losses, pain and suffering” is not affected by the ruling regarding punitive damages, according to The Oregonian. Moreover, the Supreme Court ruling does not mean that the case is finished or that punitive damages have been disallowed: merely that the issue of Oregon punitive damages must be reargued before a lower court.

The case concerns a Salem woman who died in 1999 after decades of regular smoking. According to The Oregonian, she switched to low-tar cigarettes in 1976, after a dozen years of smoking, believing that low tar cigarettes would be less problematic for her health. Oregon personal injury attorneys representing the woman’s family argued that Philip Morris possessed study data showing that smokers of low-tar cigarettes tended to inhale longer and more deeply, thus negating the alleged benefits of the product. The company, however, did not disclose this information to consumers.

The state appellate court threw out the $100 million Oregon punitive damage award on the grounds that the trial judge had incorrectly instructed jurors as they began their consideration of the verdict. From an Oregon personal injury attorney’s perspective this seeming legal technicality could prove to be of great use to clients over the course of time. Smokers seeking to gain justice after suffering decades of harm can take comfort from the fact that the Supreme Court’s ruling turned on the manner of the judge’s instructions to the jury, rather than on the substance of the claim that cigarettes can cause extensive damage to smokers and people around them.

Though smoking lawsuits can be particularly long and complex, that does not mean that people injured by tobacco companies should not consider pursuing them. Justice can be a long and trying road. With the assistance of an Oregon personal injury lawyer it is, however, a goal you can attain.

The Oregonian: Oregon Supreme Court says Philip Morris doesn’t have to pay $100 million for smoker’s death

Businessweek: Philip Morris $100 million punitive verdict reversed

The death last year of a patient at the Oregon State Hospital has led to reprimands for five hospital employees. According to the Salem Statesman-Journal a state official and “hospital leaders” decided that reprimands were a sufficient punishment for the five employees. The legal system, however, has yet to have its final say on this serious situation. Oregon wrongful death and Oregon medical neglect lawsuits remain a possibility.

The reprimands were occasioned by the death last fall of 42 year old Moises Perez. Perez died of coronary artery disease, according to The Oregonian, but “lay in his room across from the nurses station for several hours before his body was discovered.”

The paper reports that three nurses and two aides have now had letters of reprimand placed in their personnel files following an investigation by the OSH’s human resources department. The reprimands are not accompanied by any loss of pay or suspension from work. The Oregonian reports that one of the nurses failed to make monthly nursing summaries on Perez’s chart from June until the patient’s death in October. One of the aides was disciplined for failing to alert nurses when Perez did not “show up to take his 3:30pm medications” on the day of his death. A separate investigation of a doctor, being carried out by a medical board, is still under way.

Patients in a mental hospital are particularly dependent on hospital staff for their care and well-being. The issuance of the reprimands causes one to ask what would have to happen at OSH – and how widely the system might have to fail – for more serious disciplinary action to be meted out to hospital staff?

Beyond the obvious question of whether Perez’s demise constitutes an Oregon wrongful death, it is also essential to consider whether this case also fits the definition of Oregon medical neglect. Such questions involve complex interpretations of law, and are best addressed with the help of a Portland medical neglect lawyer with extensive experience in the laws relating to Oregon wrongful death. Professional sanctions are important but cannot, by themselves, make up for the loss of a loved one through Oregon hospital negligence. An Oregon wrongful death attorney can be a bereaved family’s most important ally when they approach the courts seeking justice in the wake of a tragedy such as this.

The Oregonian: Five Oregon State Hospital employees reprimanded for care to patient Moises Perez, who died last fall

Salem Statesman-Journal: Oregon State Hospital reprimands five in patient’s death

A Portland fatal shooting late last week led to an Oregon death that police describe as accidental, according to The Oregonian. Despite that description, the paper also reports that one person was taken into custody at the scene of the shooting, in Northwest Portland, raising the possibility that an Oregon wrongful death may have occurred.

The newspaper, quoting police sources, reports that police received a 911 call on June 10 indicating that a man had been shot. Arriving at the scene they found the man to be wounded in the chest, but still breathing. He was transported to an area hospital, where he later died. A neighbor told the paper that “she saw the police remove two or three guns” from the house where the shooting took place. The paper reported that homicide detectives has closed off the scene of the shooting and were investigating the precise circumstances of the incident.

One man was reportedly detained at the scene of the incident.

Even if the incident ultimately was an accident the precise circumstances of the shooting could become very important in a court of law. Situations such as this raise the possibility of a Portland wrongful death claim originating with relatives of the deceased man. Determining whether such a judgment is possible and whether it the facts of the case merit a trip to court is best done with the assistance of an experienced Portland wrongful death attorney, who can help guide surviving family members through the complexities of the court system.

An Oregon wrongful death lawyer can help surviving family members examine their options with the goal of obtaining justice in the wake of tragedy.

The Oregonian: Man dies after accidental shooting in Northeast Portland, police say

Alcohol-related Oregon fatal car accidents and holiday weekends seem to have a grim connection. As the Daily Astorian notes, Memorial Day has long been the holiday weekend in Oregon most closely associated with alcohol-related fatalities. This year is no exception. According to the newspaper an Oregon drunk driver strayed over the center line of Highway 30 just east of Astoria Sunday night, striking a motorcyclist nearly head-on.

The motorcycle rider, who was wearing a helmet, was thrown from his bike and killed. Both the alleged drunk driver and his 13-year old daughter who was riding in the truck with him were uninjured. The Oregonian, quoting Oregon State Police, reported that the truck driver was arrested and charged with drunk driving, reckless driving, manslaughter and recklessly endangering another person (this is presumably a reference to the child in the truck).

Unmentioned by the media, but also worth considering as we think through the legal implications of this tragic Oregon fatal motorcycle accident, is where the alleged driver obtained his alcohol. If a bartender continued to serve the suspect or a store clerk sold him alcohol after he was obviously drunk that person too could be subject to legal action.

If you or a loved one have been the victim of a Portland, Eugene, Astoria or Medford drunk driving accident, consulting with an Oregon personal injury lawyer with extensive experience in cases involving Oregon drunk drivers is essential. Responsibility for your, or your loved one’s, injuries may extend beyond the person behind the wheel to include those who enabled an Oregon fatal traffic accident driver’s reckless and negligent behavior. The road to justice in the wake of tragedy is rarely smooth, but a Portland traffic injury attorney can be a key ally and guide on that journey.

The Oregonian: Portland man held in fatal wreck near Astoria

The Daily Astorian: Man killed in holiday accident

A recent investigative report in The Oregonian has raised new questions about the murder-suicide rampage of an off-duty Clackamas County sheriff’s deputy earlier this year. According to the paper, its revelations may expose the county to an Oregon wrongful death lawsuit.

The paper looked into the circumstances leading up to the deadly evening last February when Jeffrey Grahn stormed into a Portland nightclub where he killed his wife and shot two of her friends before turning the gun on himself. The potential of a Portland wrongful death claim now arises because of memos obtained by the paper using a public records request.

According to the paper, these show that the Clackamas County sheriff’s office departed from its normal protocol in urging the Portland police to ““hold off” on contacting the district attorney’s office” last year after an investigation raised troubling questions about Grahn and his behavior. When allegations of domestic violence and other troubling behavior by Grahn first emerged in 2009, the paper reports, the Sheriff’s office brought in the Portland police – a standard procedure when the law enforcement agency needs to investigate one of its own. According to the paper, however, the newly released memos show that the Sheriff’s office later intervened to stop the Portland police from taking their concerns about Grahn to prosecutors.

In a situation such as this an Oregon wrongful death claim from the families of Grahn’s victims may be in order if the evidence indicates that normal protocols were violated and that doing so enabled his shooting spree the following winter.

The allegations also, however, highlight the complexity of Oregon wrongful death claims, and the need most people have for expert legal advice before deciding to pursue a Portland or Clackamas County wrongful death case. A Portland wrongful death attorney can help those left behind work through the specifics of their circumstances and advise whether the justice system is likely to find merit in their claims. Consulting with an experienced Oregon wrongful death attorney is the key first step on the long road to justice following a tragedy.

The Oregonian: Clackamas sheriff’s office prevented DA from helping investigate deputy, memo says

As a recent report in The Oregonian details, Adventist Medical Center has witnessed a dramatic drop in Portland hospital deaths from bloodstream infections in the three-plus years since it instituted a new set of simple, but effective, safety procedures. The development is obviously good for patients, but it also has implications for Oregon wrongful death and medical malpractice claims related to our state’s hospitals.

The paper explains that in 2006 Adventist began implementing a set of relatively simple procedures developed at Maryland’s Johns Hopkins University. These involve medical professionals carefully checking each other to ensure thorough hand-washing before care-givers have contact with patients, greater attention to the use of antiseptics to clean patients skin and more extensive use of “full surgical regalia”.

As the paper reports, data collected by the state shows a dramatic drop in mortality and infection rates once the new procedures went into effect – especially when compared with other Portland area hospitals that do not follow the Johns Hopkins guidelines. The newspaper, citing Adventist’s director of quality resources, reports that there have been no ICU infections at the hospital since the spring of 2007.

These dramatic results also raise troubling legal questions. If Oregon deaths or debilitating injuries result from infections that could have been easily prevented does this constitute Oregon medical malpractice, particularly if the want of simple sanitary precautions leads to a Portland wrongful death?

The specifics of every case are different. That is why consultation with an experienced Oregon medical malpractice attorney is so crucial if a loved one has died or if you have suffered a serious injury or infection in a Portland-area hospital where the Johns Hopkins procedures were not in place. A Portland wrongful death lawyer can offer valuable advice regarding the legal options that may be open to you, and fight the medical industry to get the justice you deserve.

The Oregonian: Preventing hospital infections: How Portland hospitals compare

Relatives of an elderly Canby couple who died after their vacation home caught fire are seeking $3 million in damages as part of a Multnomah County wrongful death lawsuit, according to an article published earlier this week in The Oregonian.

The newspaper reports that the suit targets the companies that installed a propane stove and its accompanying gas lines in Clinton and Kenda Schultz’s vacation house in Sumpter, near Baker City in Eastern Oregon. The couple died in September 2008 when their cabin caught fire.

According to the newspaper, the suit alleges that the companies that installed the stove and its related piping failed “to obtain permits, notify building inspectors… or have the work inspected for its integrity. The suit claims that the Valley Metal employee who installed the stove and interior piping was 18 and didn’t have a required license from the Oregon State Fire Marshal.”

This tragic story is a reminder of the important role an Oregon personal injury attorney can play in the wake of an Oregon wrongful death or a similar tragic incident. Those left behind after an incident like this struggle to understand the circumstances behind their loved-ones demise. In such situations a skilled Oregon wrongful death attorney can be an important ally in the battle to achieve the justice to which families and survivors are entitled.

The Oregonian: Family of Canby couple killed by propane explosion sue companies that installed the stove and gas tank

An Oregon wrongful death lawsuit has been filed in federal court in the wake of last year’s death of a 30 year old Salem man who had been subdued by police officers using tasers. The family of Gregory Rold is seeking $1.5 million in compensatory damages and $4.5 million in punitive damages from the City of Salem, four of its police officers and 10 other municipal employees, according to the Salem Statesman-Journal.

According to the Statesman-Journal, Rold died last May after being taken into custody by the Salem police following a trespassing complaint. When he resisted arrest, police subdued Rold with batons and the taser, according to the newspaper. Shortly after being taken into custody, however, Rold stopped breathing. Paramedics took him to a Salem hospital where he was pronounced dead. A Marion County Grand Jury later cleared the officers involved of wrongdoing, ruling that “police officers were justified in using physical force to arrest Rold,” the newspaper reported. A state medical examiner ruled the death accidental.

In an article distributed by Courthouse News Service, Rold’s mother says her son was schizophrenic, and that officers used the tasers on him for a full 2 minutes and later knelt on him as he lay face-down. According to the Statesman-Journal, the family’s Oregon wrongful death lawsuit “claims that Rold’s civil rights were violated, that police officers were negligent in causing Rold’s death and excessive force was used against Rold.”

The Rold family’s Salem wrongful death suit offers an important reminder for families who believe a loved one has died after mistreatment by police or other authorities: official investigations are not the end of the matter. An Oregon wrongful death attorney can help surviving family members seek justice through the courts, even if an official investigation has initially cleared the law-enforcement officials involved.

Salem Statesman-Journal: Wrongful-death lawsuit targets Salem officers

Courthouse News Service: Cops Tasered Disabled Son to Death, Mom Says

Oregon State Police are working with officials from the Marion County Medical Examiner’s office to investigate an Oregon accidental death in Silver Falls State Park, near Silverton and Salem.

According to the Salem-News, a 22 year old man died last week when he “fell Saturday afternoon from an edge overlooking the Drake Falls area” of the park. The paper quotes the OSP saying state troopers and EMTs were summoned to the park immediately after the accident, but the victim was pronounced dead at the scene. Police are also looking for what the paper describes as “an unknown hiker” who may have witnessed the Oregon fatal accident.

Any Oregon fatal accident raises questions about liability. Just because a death is an accident does not mean that, as a matter of law, no one is legally responsible. Indeed, seeking legal advice is always a good idea in the wake of a Portland accidental death. An Oregon personal injury lawyer can advise accident victims and their families on the details of Oregon’s wrongful death laws, and help determine whether a particular accident leaves justice waiting to be served.

Negligence is often a contributing factor, if not the direct cause, of wrongful deaths. It places victims and their families in the unenviable position of having to turn to the courts to get the justice they deserve. A Portland wrongful death attorney can be your most important ally in this emotional and complex undertaking.

Salem-News: Accidental Death Investigation – Silver Falls State Park

Oregon State Parks Home Page

Clackamas County officials have reached a settlement in the Sandy wrongful death suit filed by the family of Fouad Kaady, who was shot by Clackamas County police in 2005 while “unarmed, naked, burned and bleeding” according to The Oregonian.

According to the newspaper, settlement of the high profile Oregon wrongful death case involved no admission of wrongdoing on the part of police. County officials are quoted describing their decision to settle as “a purely business decision made by the insurance carrier”. Local media reports indicate Kaady’s family settled out-of-court for $1 million in an effort to spare themselves the trauma of a trial.

The events leading to Kaady’s September 2005 death began when a gas can exploded in his car, causing him to suffer severe burns over much of his body. He may also have sustained a traumatic head injury as a result of the car accident tied to the gas can’s explosion. Officers responding to reports of a naked man in the Sandy area tried to subdue Kaady when they found him. They are reported to have hit him with two taser blasts to little effect. He was shot seven times after climbing onto the roof of a police car. Witnesses described him as unarmed and non-life threatening, but police and county officials have steadfastly defended their actions.

Justice following an Oregon wrongful death can often be difficult to obtain, and emotionally wrenching to seek. A Portland wrong death attorney – one experienced both in the law and in dealing with the emotional trauma associated with wrongful death – can be your most important ally in the search.

KATU: Clackamas Co. settles wrongful death lawsuit

The Oregonian: Clackamas County to pay $1 million in Fouad Kaady shooting death

An Oregon wrongful death lawsuit filed by a mother from Keizer earlier this year looks more timely than ever now that the Consumer Product Safety Commission has warned consumers to avoid baby slings. The Keizer wrongful death lawsuit was reported by The Oregonian.

According to CBS News the CPSC issued its baby sling warning after examining 20 years of data on the safety of baby slings. “The CPSC identified and is investigating at least 14 deaths associated with sling-style carriers, including three in 2009,” according to the network. The Keizer incident, which occurred last year, is presumably one of those referenced in the study.

As CBS notes, baby slings are very popular with new parents and the market for the products has been growing in recent years. The CPSC, however, has concluded that “slings can pose two different types of suffocation hazards for babies.” They can press against an infant’s nose and mouth “suffocating a baby within a minute or two,” the agency says. Alternately, “where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted, limiting the oxygen supply. The baby will not be able to cry for help and can slowly suffocate,” a CPSC news release states.

A Portland or Salem wrongful death can be the result from use of these products. If you believe you have been the victim of such a tragedy an early consultation with an Oregon wrongful death lawyer is an essential step toward obtaining the representation and justice you deserve. An Oregon child injury attorney can offer advice tailored to the specifics of your case, helping you make your way through our complex legal system at this most traumatic of moments.

CBS News: CPSC warns of baby sling dangers

The Oregonian: Consumer Product Safety Commission issues warning on baby slings

CPSC news release announcing warning about sling carriers

The death of a North Carolina teenager shortly after he returned home from football practice has led his parents to file a wrongful death lawsuit. At a time when Oregon is focusing more attention on head injuries stemming from student athletics this tragedy on the other side of the country is a reminder that concussions and traumatic brain injuries are not the only things parents – particularly the parents of student-athletes – need to worry about.

According to the Durham Herald-Sun the 17 year old high school football player called 911 from home after experiencing stomach cramps following practice. A paramedic and a fourth-year medical student examined him “and advised him to continue to drink fluids.” The two rescue workers then left him alone. The teenager died a short time later. The incident, which took place in August 2008, has now led to a wrongful death lawsuit filed by the boy’s parents against the paramedic, county emergency services and the county government. The official cause of death has not been released, according to the Herald-Sun.

It would be wrong to discount the enormously important, and sometimes dangerous, jobs that paramedics and other emergency responders perform every day. This story is also, however, a reminder that when serious mistakes, or negligence, occur it is important that those responsible be held to account.

An Oregon wrongful death can be an especially traumatic event for the loved ones who are left behind. Should your family be unfortunate enough to suffer a situation like this, consulting with a Portland wrongful death attorney can be a first step toward bringing some balance, and peace of mind, back to the lives of family members left behind.

Durham Herald-Sun: Family of late Chapel Hill football player files wrongful death lawsuit

In what is, perhaps, one of the strangest and most senseless Oregon traffic accident deaths in recent memory, a two year old boy was killed this week after the jogging stroller in which he was riding was struck by a truck near Corvallis.

According to local media reports the Oregon fatal accident took place at the intersection of Highway 99 and Highway 34 just east of Corvallis. The truck reportedly hit the stroller as it was making a turn onto Highway 99 after stopping at a red light. Television station KPIC, quoting state police officials, reports that the toddler’s mother “may have received some minor injuries to her hands and arms” during the accident. Exactly how the stroller came to be in the intersection at the moment the commercial semi-trailer truck was turning is still under investigation.

This unusually tragic Oregon fatal truck accident raises a number of potential legal questions relating to Oregon child injuries, including a potential Corvallis wrongful death claim. Beyond any criminal issues that law enforcement officials may pursue, situations such as this can also give rise to civil claims. Anyone involved in an accident of this type should consult a Corvallis child injury and wrongful death attorney at the earliest possible time following the tragedy.

Establishing liability following a Corvallis traffic accident can be a complex and emotionally draining process. A skilled and compassionate Oregon personal injury lawyer can be an essential guide to our often difficult and confusing legal landscape during moments such as these.

The Oregonian: Child in stroller killed by commercial truck near Corvallis

KPIC.com: Police: Child in stroller hit, killed by truck near Corvallis

An Oregon state report has raised questions about the conduct of state officials prior to the death of a Eugene teenager.

15 year old Jeanette Maples was killed December 9, according to an Associated Press report republished by TV station KMTR. Her parents have been charged with aggravated murder (they have pleaded not guilty). In the wake of the incident state officials began investigating whether their agencies failed to act in a timely manner that might have prevented the teen’s death. This week’s report by the Oregon Department of Human Services is critical of the state agency’s conduct. AP reports the document says Maples’ case “was not adequately investigated or referred for assessment despite four separate calls alleging abuse and neglect over four years.”

Though Maples’ parents are already facing criminal charges in connection with her death, the report raises the possible of additional legal sanctions against the state or its officials if they are found negligent in connection with an Oregon wrongful death.

Assigning blame in an Oregon wrongful death case can be a difficult and emotional process. In such situations, a Eugene wrongful death attorney can help loved ones determine whether their particular circumstances support an Oregon wrongful death claim and, if so, against whom. Cases like that of Jeanette Maples are tragic, but our court system does provide both civil and criminal remedies in the wake pf preventable tragedies.

AP, reprinted at KMTR.com: Report: State failed to help abused Eugene teen

A fascinating column in the November issue of Consumer Reports magazine offered a frank call for more openness in medicine. Dr. John Santa, an internist who also directs the magazine’s Health Ratings Center, wrote: “Until our health care system gets its act together, patients and their families will have to be constructively assertive to get to the bottom of any mishaps.”

The reason for this, Dr. Santa writes, is that American medicine has developed a professional culture that is very reluctant to acknowledge error. Doctors and nurses fear professional consequences. Administrators, in turn, fear that publicizing mistakes will make medical professionals even more reluctant to report them. Ultimately, the real losers, he writes, are patients, who “deserve to know what happened and that the doctor or hospital is trying to rectify the situation.”

Dr. Santa also offers a series of helpful, common sense suggestions for patients, among them: “Enlist family members to keep track of your care” and “Know what medicine you’re taking and tell your doctor or nurse if you don’t recognize what you’re given.”

Though Dr. Santa does not mention it, it is also true that the legal system has emerged as a check on the sort of medical malfeasance about which he writes. Here in Oregon, a Portland medical malpractice lawyer can offer patients and their families advice on legal remedies they may have after something has gone wrong during a hospital stay. Medical malpractice suits are rarely pleasant, and often come in the wake of great personal pain and suffering on the part of patients and their families. An experienced and compassionate Oregon wrongful death and medical malpractice attorney can, however, be an important resource when other’s mistakes have thrown your family into despair.

The City of Portland has hired an outside audit and investigative group to look into the police department’s handling of the 2006 death in custody of James P. Chasse Jr, according to a recent article in The Oregonian.

Chasse died of what the newspaper describes as “broad-based blunt-force trauma to the chest”, including 26 breaks to his ribs. An initial investigation by Portland’s police chief found that only one officer had violated department policy in relation to Chasse. A later investigation by the police commissioner ordered a two-week suspension for two officers. Last October, however, the city auditor ordered a further investigation. The city will now hire a California firm that specializes in cases like this to review all aspects of the department’s conduct relating to Chasse and his death.

Cases like Chasse’s raise the issue of Portland wrongful death. The mere fact that someone has been taken into police custody does not give law enforcement officials the right to mistreat them, or to sweep Oregon mistreatment under the rug if it occurs.

Mistreatment at the hands of the police or other law enforcement officials can lead to serious injury and even to Oregon wrongful death. Even if no criminal charges are filed, it is only prudent to consult with a Portland wrongful death and personal injury attorney to examine what legal recourse you may have in the face of alleged official misconduct. The Chasse case raises disturbing questions, but even much less severe cases deserve their day in court with the assistance of a dedicated Portland personal injury and wrongful death lawyer.

The Oregonian: Portland hires outside auditors to review police internal investigation into James Chasse’s death in custody

Following up a story I blogged about last month (see my October 22 entry), developments in the Oregon shooting death of Portland hunter Frank Means have led his family to announce that they will initiate an Oregon wrongful death claim against his killers.

Means was found shot to death near the town of Fossil, along the John Day River, on October 8. The Oregon State Police became involved in the investigation after Means’ widow criticized the conduct of the local sheriff’s office. Investigators eventually concluded Means’ death was the result of a dispute with other hunters. According to a report in The Oregonian Means, who had been drinking (an autopsy put his blood alcohol level at 0.24 percent), believed another hunting party was attempting to steal a deer he had shot. Means threatened the other hunters with a handgun, shot back when they attempted to disarm him, and was then killed by gunshots from at least two of the other hunters. Last week, a Wheeler County grand jury refused to hand down charges against Means’ killers, ruling that they acted in self-defense.

Oregon Public Broadcasting reported afterwards that Means’ widow was “devastated” by the news and has hired an Oregon wrongful death attorney, intending to file a civil Oregon wrongful death lawsuit. “I just can’t understand that when somebody is shot five times that a grand jury could find that it was justified,” Jackie Means told OPB. “My husband was a wonderful guy, and he may have been drunk out there, but he was in his own campsite. I am having a real difficult time with this.”

Oregon wrongful death claims can include compensation for pain and suffering, loss of income, loss of companionship and reimbursement for medical and/or funeral expenses. An experienced Portland wrongful death lawyer can help guide you through the process and advise on the strength of your claim, always remaining sensitive to the emotional distress of the loss of your loved one.

Oregon Public Broadcasting: Hunter’s Family is ‘Devastated’ by Grand Jury Decision

The Oregonian: No criminal charges in fatal shooting of Portland hunter near John Day River

Oregon State Police are reopening their investigation into the Salem Hospital Death last week of a patient at the Oregon State Hospital. Moises Perez, 42, was found dead in his bed earlier this month, according to a report in the Salem Statesman-Journal.

A county medical examiner initially ruled that Perez’s Oregon hospital death was from natural causes, but late last week the authorities announced they would be revisiting the issue. “We are going to look at it a little bit more and make sure that we haven’t missed anything,” a state police spokesman told the Statesman-Journal. The spokesman added that the move is “not necessarily that uncommon,” but the paper noted it came only in the wake of pressure from mental health advocates and some hospital patients around the state.

Though Perez was a convicted criminal – he had been confined at the state mental hospital since 1995 when he was convicted of murder but judged insane – the Oregon hospital death raises questions about conditions and treatment that are unrelated to the crimes that had landed Perez in a mental institution. Patient advocates expressed satisfaction with the state’s decision to reopen the case.

Hospital deaths often merit special attention, and are a circumstance in which consultation with a Salem wrongful death lawyer is often a prudent move once a family’s initial period of grieving is past. An Oregon hospital death attorney can help determine whether a tragic Oregon hospital death might also have been avoidable and recommend a course of action for surviving family members.

Salem Statesman-Journal: State hospital death receives second look

Oregon State Police have joined the investigation of the mysterious Wheeler County hunting death of a Portland hunter. The family of Frank Means, 61, has been critical of the Wheeler County sheriff’s office and its handling of the incident. Police officials have released relatively little information, leaving it unclear whether Means’ demise was an Oregon wrongful death, an accident or something else.

According to The Oregonian the three-man Wheeler County Sheriff’s Office initially declined an offer of help from the state police. After reversing that decision, the sheriff’s office will remain the lead agency on the investigation, but will now receive assistance in the form of extra investigators as well as forensic and medical examiner services. The paper quoted Means’ widow, who had been critical of the conduct of the sheriff’s office, as expressing “relief” at the development.

The story of Frank Means Oregon hunting death began to unfold on October 8 when his body was found near the town of Fossil, according to television station KGW. Investigators say they are looking for potential witnesses, but no one has been taken into custody. An official from the sheriff’s office told Means’ widow her husband had been killed in “some kind of hunting dispute,” the television station reported.

When faced with troubling incidents like this the early involvement of a Portland wrongful death lawyer is especially important. An attorney can help advise clients of their rights and can assist in dealing with the authorities as they work to determine the exact circumstances surrounding a loved one’s death.

Oregonian: Oregon State Police to help investigate Portland hunter’s shooting death

KGW: OSP joins investigation into hunter’s death

A 21-year old Oregonian’s apparent murder while on a visit to Paris has shocked friends and family here at home, but it also highlights complex – if all too common – Oregon wrongful death issues that most families can only tackle with the assistance of an experienced Silverton wrongful death lawyer.

Portland TV station KPTV, quoting the victim’s family, reported that a homicide investigation is underway in France with both the FBI and the US embassy in Paris assisting local police in the French capital.

French police say Justin Little was killed by one or more blows to the head with a cinder block as he sat on a park bench in Aulnay-sous-Bois, a slum-like suburb that lies north-east of Paris on the road to Charles de Gaulle International Airport. The area is well off Paris’ beaten path, and it remains unclear why the young traveler had ventured into a neighborhood few tourists ever visit.

Murders and other wrongful deaths are always tragic, but when they involve a US citizen traveling overseas the legalities of the situation can become particularly complex. The assistance of an experienced Oregon wrongful death attorney can be invaluable for families needing to make their way through a maze of different laws and jurisdictions.

Oregonian: Oregon Student found bludgeoned to death in Paris

KPTV: Silverton man found dead in Paris

Construction site flagger John Sparks, 51, of Salem died Saturday after being run over by a dump truck. The Beaverton accidental death took place on 173rd Avenue, near Walker Road in Washington County where construction crews have been at work since July.

Witnesses said Sparks was doing his job as a traffic flagger when the dump truck backed over him. Police investigating the Oregon truck accident say it is likely Sparks was standing in the truck’s blind spot when he was hit. The driver of the truck was checked for drug or alcohol use, but a Beaverton police detective told reporters at the scene the tragic death “just looks like a freak accident.”

Sparks, an employee of Mama Jo’s Flagging, died at the scene. Residents near the work site lit candles in Sparks’ memory, and have also constructed a makeshift memorial.

It is important to contact an Oregon truck accident lawyer immediately following an accident, particularly if you feel the incident may have led to an Oregon wrongful death.

According to the Oregon Department of Transportation, road construction is the most dangerous occupation in the United States, with speeding in work zones identified as the most serious problem. The state recently launched a Workzone Safety Program “aimed at reducing the number of injury and fatal traffic crashes that occur in highway work zones in Oregon.”

Read More:
Flagger who died: "I'm your guardian angel" at KATU.com, September 28, 2009

Dump truck backs over Salem construction flagger, killing him at KGW.com, September 27, 2009

Web Resources:
Oregon DOT Workzone Safety Program

In six months, one of the trials in the Oregon police brutality lawsuit accusing Portland police officers of contributing to James P. Chasse Jr.’s wrongful death, because they allegedly used excessive force when apprehending him and then denied him the proper medical care, is scheduled to begin. Already, Multnomah County commissioners have approved a $925,000 settlement that resolves the Portland, Oregon wrongful death claim made by Chasse’s family against the county and several defendants, including former Multnomah County Deputy Bret Burton and correction nurses Sokunthy Eath and Patricia Gayman.

Claims however, are still pending against the city of Portland, former Mayor Tom Potter, Portland Police Officer Christopher Humphreys, Chief Rosie Sizer, police Sgt. Kyle Nice, American Medical Response Northwest Inc., and paramedics Kevin Stucker and Tamara Hergert. Because a court order divided the case in two, there will be a second civil trial in late 2010.

Chasse, 42, was a schizophrenic. Burton, Nice, and Humphreys reportedly arrested him after one of the cops noticed that he appeared to be urinating in public. Police say they chased down the suspect, knocking him to the ground and handcuffing him while he struggled. They also stunned him with a Taser.

Following the incident, Chasse’s vital signs appeared normal. As a result, ambulance workers who arrived at the arrest scene did not take him to the hospital. The jail, however, would not book him because of his physical condition.

The 42-year-old suspect died in police custody as he was being transported to the hospital. According to the Multnomah County medical examiner, Chase sustained major internal injuries, and broke 16 ribs, his sternum, and a shoulder.

While the Use of Force Review Board determined that the way Chase was apprehended did not violate bureau policy, the board said that Chase should have been sent to the hospital right after he had been Tasered. As a result, Police Chief Rosie Sizer is recommending that Nice be suspended.

Portland chief recommends sergeant's suspension in Chasse's death, Oregon Live, September 23, 2009

County pays $925,000 to settle part of Chasse lawsuit, Portland Tribune, July 2, 2009

Related Web Resources:
Portland Police Bureau

Taser Deaths Blog

Taser guns 'raised deaths in custody,' New Scientist, February 2009

Continue reading "Portland Police Chief recommends suspension of officer named in Portland, Oregon wrongful death lawsuit over man Tasered in 2006" »

The family of a 75-year-old nursing home resident is suing Pheasant Pointe Retirement and Assisted Living Residence and Spectrum Retirement Communities of Oregon for her wrongful death. Ruby Larson wandered away from the Molalla nursing home on July 23, 2007. She was never to be seen again. Last year, a judge declared the Alzheimer's patient legally dead.

The Oregon wrongful death lawsuit, filed on behalf of one of the elderly woman’s sons, contends that Larson had wandered off on more than one occasion yet staff members failed to prevent the final incident from happening. The plaintiff is seeking $2 million.

Oregon Nursing Home Negligence
Elderly and sick persons stay at Oregon nursing homes because they need help taking care of themselves. Some residents, because they suffer from dementia, Alzheimer’s, or another kind of ailment that impairs their memory, have a tendency to wander off and then forget where they are.

It is important that an Oregon assisted facility properly supervises all residents, while paying special attention to patients who are an elopement risk. A nursing home should also make sure that the facility and premises are properly secured so that residents aren’t able to just leave without anyone’s knowledge by walking out front or side doors or jumping out of windows (this can cause injury, especially if the window is located above the ground floor).

Nursing home residents that wander off a premise could end up getting hit by a car, freezing to death, getting hurt in a slip and fall accident, or becoming the victim of a violent crime. Injuries sustained from wandering off may even result in Oregon wrongful death.

Reports of nursing home patients attempting to wander off is not uncommon and Portland, Oregon nursing homes and other assisted living facilities must make sure that this doesn’t keep happening.

Family of missing Ore. patient files suit, 2news.tv/AP, August 4, 2009

Alzheimer's: Understand and control wandering, MayoClinic.com

Related Web Resources:
Preventing Elopement, Repertoiremag.com

Nursing Homes in Oregon

Continue reading "Oregon Wrongful Death Lawsuit Alleges that Nursing Home Negligence Allowed Alzheimer’s Patient to Wander Off" »

A man who says he was acting compassionately when he shot his wife to death because she had an incurable disease has been convicted of murdering her. John Roberts killed his wife while she slept on February 2, 2008. He is also the defendant in an Oregon wrongful death complaint that was brought by her family.

According to Gresham police, Roberts says he shot Virginia because she asked to die. His 51-year-old wife had Lou Gehrig’s disease (myotrophic lateral) and he claims she no longer wanted to live.

Prosecutors, however, say that Virginia was never diagnosed with ALS, no proof exists that she wanted him to murder her, and that Roberts had spent their life savings. They disputed his claim that the shooting was an assisted suicide—state law considers this action manslaughter when a doctor isn’t involved.

According to medical records, Virginia was suffering from carpal tunnel syndrome and possessed a withering right hand.

The jury needed less than two hours to convict Roberts for Virginia’s murder. The following day, Multnomah County Circuit Judge Jerome LaBarre sentenced him to life in prison with possible parole after 25 years.

Last year, Virginia’s family filed their $25.25 million Oregon wrongful death lawsuit against Roberts in Multnomah County Circuit Court. They accused the defendant of intentionally murdering her. In addition to wrongful death, their complaint is seeking damages for funeral costs, income loss, suffering, pain, and loss of parent-child relationships.

The defendants in the Multnomah County wrongful death case are Virginia’s children, Marsha Tatiana Cruz Quiroz and Kenneth Wilton Cruz Quiroz, and her parents Umberto Quiroz and Amanda Romero de Quiroz.

Man sentenced to life for 2008 murder of wife, Oregon Live, July 17, 2009

Husband guilty in compassion killing of wife, AP/Seattle Times, July 17, 2009

Family sues John Roberts for $25 million, The Outlook Online, February 29, 2008

Related Web Resources:
Bills and Laws, Oregon State Legislature

Wrongful Death, Justia

In Oregon, Portland residents Teresa and Jack Daggett are suing a Washington State clinic for their daughter’s overdose death. Their Multnomah County wrongful death lawsuit is seeking $1.3 million from Payette Clinic.

The couple’s 18-year-old daughter, Rachel Daggett, died last December after she smoked a synthetic narcotic pill. Oregon police traced the pill to two Troutdale brothers. One of the brothers, Ronald Zaloznik, says he became addicted to oxycodone after a nurse practitioner gave him a prescription. The younger brother, 18-year-old Tyler, says that he also used pills and opiates.

In their Oregon wrongful death complaint, the Daggetts are accusing the clinic of consciously disregarding the risks when it prescribed oxycodone to Ronald. The two brothers and Rachel’s friend, Shane Douglas Gill, pleaded guilty to possession and delivery of controlled substances.

In March, the Drug Enforcement Administration raided the clinic. The clinic owners, Kelly Bell and Scott Pecora, surrendered their licenses to prescribe controlled substances.

Since 2006, Doctors, pharmacists, and former patients are among those that have filed 41 complaints against Payette Clinic. The clinic is accused of liberally handing out pills. The Payette Clinic opened in 2005.

Weeks after Rachel’s death, Payette Clinic notified pain patients that Rite Aid and Kmart pharmacies in Vancouver, Washington would no longer fill prescriptions from the clinic. Payette Clinic also told patients of its plans to open a sleep center.

One former Payette Clinic patient says she overdosed on medication that the clinic had prescribed to her. She says that after she completed a residential drug treatment program, the clinic put her on the same dosage. She also says other clinic patients tried to sell her pills.

Portland, Oregon Wrongful Death Lawsuit
If you believe that your loved one died because another person or entity was negligent, you may have grounds for filing an Oregon wrongful death complaint against all liable parties.

Parents of OD victim Daggett sue Vancouver pain clinic, KGW.com, July 20, 2009

Teen's parents sue clinic over deadly overdose, The Seattle Times, July 19, 2009

Complaints against Vancouver pain clinic pile up, Oregon Live, March 13, 2009

Related Web Resources:
Payette Clinic

Drug Enforcement Administration

The parents of a 3-year-old boy that died after surgery have agreed on a $200,000 Portland, Oregon wrongful death settlement with the doctor that performed the procedure. Ian McClellan died from septic shock 8 days after Dr. Jayant Patel perforated the 3-year-old’s bowel while trying to insert a feeding tube inside him. The surgical malpractice incident took place on February 5, 1999.

This is not the first Oregon medical malpractice lawsuit naming Patel as a defendant. Also, in 2000 the Oregon Board of Medical Examiners barred the surgeon from working again in the state. He eventually moved to Australia where he kept performing surgeries. He has been charged with manslaughter in that country over the deaths of three patients. Patel has been called “Dr. Death.”

Per Matthew and Anna Maria McClellan’s Oregon medical malpractice involving fatal injuries to minors lawsuit that they filed in Multnomah County Circuit Court, Patel discovered the perforation the day after the surgery when he opened up their son again. They say that Patel and the hospitals told them that Ian died because he developed a postoperative infection. It wasn't until April 15, 2005 when the Oregonian began publishing a number of articles about Patel’s work that they discovered the real reason their son died. The McClellans had originally sued Patel and the hospitals for $1.55 million.

Patel was employed by Kaiser Permanente in Portland. However, he operated on the boy at HSU Doernbecher Children's Hospital. According to a 2005 article published on MSNBC.com, Kaiser banned Patel from performing certain operations in 1998 after reviewing 79 of his cases. In addition to no longer being allowed to perform pancreatic and liver surgeries, he had to ask for a second opinion when dealing with more complicated cases.

Surgical Malpractice
Surgical mistakes can be fatal for the patient on the operating table. Some examples of surgical errors that can be grounds for Oregon medical malpractice or wrongful death claims include:

• Operating on the wrong organ or body part
• Using unsanitary surgical tools
• Leaving surgical instruments in the patient’s body
• Puncturing an organ
• Performing the wrong surgery

Parents of Oregon boy settle in surgery lawsuit, Google/AP, July 2, 2009

Australia's 'Dr. Death' linked to 87 fatalities, MSNBC, May 26, 2005

Related Web Resources:
Medical Malpractice and Surgical errors/complications, Wrong Diagnosis

Medical Malpractice, Justia

Last December, our Portland, Oregon personal injury law firm blog post about a wrongful death case filed against the city of Sandy and a number of individuals over the police shooting death of a Gresham man. This week, an announcement was made that the family of 27-year-old Fouad Kaady has reached a $1 million settlement with the Oregon city and former police officer William J. Bergin.

Kaady was burned, naked, and bleeding when Officer Bergin and Clackamas County sheriff's Deputy David E. Willard approached him on September 8, 2005. Kaady reportedly was behaving erratically and would not cooperate with police. He had also just rear-ended three motor vehicles and damaged the vehicle he was driving. According to witnesses, Kaady, who has a history of mental illness, was making wolf-like sounds.

To apprehend Kaady, police at first used a stun gun and shocked him several times. They then shot him seven times after he jumped on top of a police car.

Kaady’s family says that the reason he was in such a disturbed state was that the can of gas he was transporting caught on fire, which caused him to hit another motor vehicle. He ripped his clothes off to get away from the flames and was in need of help. The 27-year-old's family believes that he sustained head injuries during the crash that caused him to behave strangely.

The plaintiffs have accused police of not knowing how to deal with someone coping with mental illness. Their Oregon wrongful death lawsuit accused police of excessive use of force and civil rights violations.

By settling, the city of Sandy is not admitting liability. The family's Clackamas County wrongful death lawsuit against the County and Willard is still moving forward.

Police Brutality
Police are never supposed to use excessive force in any situation. Police brutality is a civil rights violation and an abuse of police power that can be a reason for why a victim or his or her family might choose to file a Portland, Oregon personal injury lawsuit or wrongful death claim.

Just last week, the Multnomah County Board of Commissioners gave its stamp of approval for a $925,000 Portland, Oregon wrongful death settlement to be paid to the family of James Chasse for his police brutality-related death in 2006.

Police chased down Chasse after they spotted him urinating in public. There are conflicting reports as to how they apprehended him. However, he sustained 16 broken ribs and a punctured lung. Chasse died while being transported in a police car to a hospital. Chasse suffered from schizophrenia.

Multco board approves $925,000 payment for Chasse's family, KATU.com, July 2, 2009

$1 million settlement reached in 2005 shooting near Sandy, OregonLive.com, July 1, 2009

Oregon Wrongful Death Trial Alleging Police Brutality Toward Unarmed Portland Man Can Move Forward, Says Federal Judge, OregonInjuryLawyerBlog.com, December 1, 2008

Related Web Resources:
Clackamas County, Oregon

Multnomah County

Truly Reforming Law Enforcement-Ending Police Brutality!, OregonLive.com, March 18, 2009

In Multnomah County Circuit Court, the family of a woman who died after the kayak she was riding in on the Rogue River capsized last summer is suing Echo River Trips for her Oregon wrongful death. Cynthia Lee Von Tungeln, was 52.

According to the wrongful death complaint, Von Tungeln was kayaking with a large guided party from Grave Creek to Foster Bar on June 27, 2008 when the inflatable raft that she and another woman were in capsized as they tried to get past Picket Fence, which is a series of rocks. The family’s lawsuit contends that they became trapped in the “unusually high flow” and while Von Tungeln was able to push the other woman out of the area where the water swirled against the rocks, the 52-year-old woman stayed trapped under the water. Von Tungeln drowned and her body couldn't be recovered until it finally washed free several days after her death.

Von Tungeln’s parents and two adult daughters are seeking at least $4 million for her wrongful death: $1.5 million for lost wages, savings, and services, $2 million for loss of companionship, $500,000 for Von Tungeln’s anguish when she was thrown from the kayak and got caught under the water, and memorial and burial costs.

Her family's Oregon wrongful death lawsuit accuses Echo River Trips, a Hood River-based rafting company, of negligence in failing to provide Von Tungeln with sufficient instruction, letting her ride the rapids without adequately warning her of the dangers, and neglecting to have the proper polices or a properly trained guide that sufficiently protected inexperienced riders.

The plaintiffs contend that the defendant should have known that Von Tungeln and the woman she was riding with lacked experience and were depending on the guides to help them navigate safely through the more dangerous rapids. Picket Fences is located at Blossom Bar, which is usually a class IV rapid. The melted snow, however, made it more dangerous than normal.

Four other people died in boating or swimming accidents in the Rogue River last summer. Two of these deaths occurred at the Blossom Bar Rapids.

Oregon Boating Accidents
Oregon’s beautiful outdoors make it a popular place for locals and visitors wishing to engage in all kinds of recreational activities, including kayaking, river rafting, boating, windsurfing, and activities involving other types of personal watercraft. Unfortunately, boating accidents do happen that could have been avoided if not for the negligent or careless actions of another party. For example, someone may decide to operate a boat without the proper license, training, adequate experience, or while drunk. A boat rental company may rent vacationers a defective boat.

If you believe that your loved one died in an Oregon boating accident because another party was careless or negligent, you should speak with an experienced Oregon wrongful death lawyer today.

Family sues over kayak death, Mail Tribune, May 19, 2009

Family of woman who drowned on Rogue sues, OregonLive.com, May 15, 2009

Drowning victim's body may be visible to rivergoers, Seattle PI, July 4, 2009

Related Web Resources:
Canoekayak.com

The Rogue River In Southern Oregon Profile Page

The parents of 15-year-old Austin Miller have reached an Oregon wrongful death settlement with TriMet over their son's bicycle accident death. Austin died on February 11, 2008 when he was struck by a bus while riding a bicycle. Under the terms of the agreement, TriMet will pay Michael and Stephanie Miller $200,000 with an additional $175,000 pending adjudication.

TriMet has argued that the Oregon Tort Claims Act caps its liability at $200,000 and that is the maximum they should owe for Austin’s death. Personal injury attorneys for the Millers, however, have pointed out that the state's current tort claims cap is now $400,000.

The Miller family’s Oregon wrongful death complaint accuses a TriMet bus driver of acting negligently when driving into the bike lane where Austin was riding his bicycle. Their wrongful death lawyer has said that the bus driver can be overheard in an audio recording telling TriMet’s dispatch that she thought she gave Austin enough space.

Some Steps Motorists Can Take to Help Prevent Oregon Bicycle Accidents:

• Check sidewalks for bicyclists, especially if you are entering or leaving a driveway or an alley where the road crosses over a sidewalk.

• Give bicyclists 3-5 feet of space when passing a bicyclist.

• Unless you have to, don’t honk too much at a bicyclist when you are approaching them from behind. You could startle the rider and cause him or her to swerve unexpectedly onto the road.

• Avoid driving in bicycle lanes.

• Before opening your car door, make sure that a bicyclist isn’t approaching.

TriMet to pay $200,000 in wrongful death case, Valley Times, April 9, 2009

Mother sues TriMet over teen son's fatal bicycle accident, Oregon Live, June 18, 2008

Related Web Resources:
Oregon Transportation Safety

TriMet: Public Transportation for the Portland, Oregon Metro Area

In Oregon, the family of Tracey Sparling is suing a cement truck driver and his employer for her wrongful death. Sparling, 19, sustained fatal crush injuries on October 11, 2007 after her bicycle was struck by the large truck. The deadly Portland truck accident occurred at the intersection of Burnside and Southwest 14th Avenue.

Both Sparling and truck driver Timothy Wiles were stopped at a red light. Sparling was stopped in a bike lane located on the right side of the road in an area that Wiles couldn’t see.

When the light turned green, the trucker turned right. Sparling was crushed under the truck’s back wheels. The cement truck, which weighed 40,000 pounds, belonged to Rinker Materials, which was purchased by Cemex Corp.

Now, the Portland bicyclist’s family is seeking $2 million for her wrongful death. Sparling was a student at Pacific Northwest College of Art when she died.

Large-sized trucks tend to have large blind spots, which makes it difficult for them to see everything and everyone around them. This can result in serious injuries, especially to bicyclists, motorcyclists, and pedestrians that the trucker may not be able to see in his or her mirror.

Catastrophic truck accidents have also been known to occur when the trucker is making a turn because he or she cannot see what is right next to the large truck. “Squeeze play” refers to a trucking accident involving a vehicle that got squeezed between a bus or a truck and the curb. A few other causes of truck accidents include failure to brake properly or in a timely manner, brake failure, and rear-end crashes because the trucker did not keep enough distance between the truck and the vehicle in front of it.

Family of cyclist files lawsuit in her death, OregonLive.com, March 18, 2009

Cyclist killed was top student, creative woman, The Oregonian.com, October 12, 2007

Related Web Resources:
Bicyclist Safety Program, Oregon.gov

Oregon Department of Transportation

In Multnomah County, the family of Ruth Reimann has filed an Oregon wrongful death lawsuit. Reimann, of Portland, was fatally injured on August 4, 2008 when a small plane crashed into the vacation home they were staying at in the coastal town of Gearhart. Her children - Chris, 13, Sarah, 11, and Julia, 10 - were injured in, but survived, the tragedy.

Early that morning, the Cessna 172 dove through the house and burst into flames. Following the airplane accident, Ruth spent weeks in Portland at the Oregon Burn Center at Legacy Emanuel Hospital & Health for treatment of their burn injuries before she died.

Also killed in the Oregon airplane accident were pilot Jason Ketcheson, passenger Frank Toohey, and siblings 12-year-old Hesam Farrar Masoudi and 8-year-old Grace Masoudi. The children were at the home of the Reimanns when the deadly aviation accident happened.

The Oregon wrongful death complaint accuses Ketcheson of negligence for flying the aircraft while under the influence of prescription sleep medication Ambien. The lawsuit is also suing Greg and Nancy Marshall, who are the owners of the Gearhart vacation home, for failing to make sure that all the windows on the second floor and in the bedrooms could be opened. The Reimann's relatives are seeking unspecified damages for their wrongful deaths.

Plane Accidents
Airplane crashes are usually catastrophic accidents resulting in serious injuries and deaths to passengers and crew members. Depending on the location of the crash site, a plane crash can also claim the lives of residents, motorists, pedestrians, and patrons on the ground.

Common causes of aviation accidents:
• Pilot error or negligence
• Defective equipment
• Poor maintenance
• Plane design problems
• Air traffic controller mistakes
• Repair negligence
• Defective plane parts
• Third party negligence

There is a lot to know about how to properly pursue your Oregon plane accident recovery. Your Portland personal injury attorney should be familiar with the different laws and safety regulations that govern Oregon plane crashes, including the Federal Aviation Administration regulations.

Lawsuit filed in Oregon Coast plane crash that killed five, OregonLive.com, February 17, 2009

Gearhart plane crash family files lawsuit, Daily Astorian, February 18, 2009

Related Web Resources:
Federal Aviation Administration

Plane Accidents, Justia

A wrongful death lawsuit has been filed in an incident involving an Oregon woman who went missing and was found dead close to Wynooche Lake a little over two years ago. Beverly Johnson disappeared on January 2, 2007. Her body was found 11 days later.

Now, Delbert Johnson, Beverly’s husband, and her estate are suing the Oregon city of Beaverton and the state of Washington for $3 million. Delbert is seeking $2.5 million for damages he claims he has suffered due to loss of mutual affection, love, and companionship. Beverly’s estate is asking for half a million dollars for the fear, anguish, thirst, hunger, and pain that she likely felt after she got lost. According to a medical examiner’s report, Beverly, who ended up getting locked out of her vehicle, died of hypothermia.

On the afternoon of the 69-year-old’s disappearance, Delbert reported that she failed to return home from a visit to the Beaverton Library. He says that the defendants allowed his wife to die because of the way they handled the search for her.

Some 90 minutes after he told authorities that she was missing, a driver reportedly contacted the local 911 center to report that a car was seen driving erratically on the freeway. A computer check of the vehicle’s license plate linked the 1999 Honda Accord to Beverly, who was by that time considered “missing or endangered.” However, no attempts were made to let Grays Harbor police officers or the Beaverton Police know she had been sighted. The motorist would call again after watching a news report about Beverly’s disappearance to inquire about the car.

The wrongful death lawsuit contends that the 911 center could have done more to get authorities to locate Beverly as soon as she was spotted. A search for the elderly woman reportedly wasn’t conducted until much later.

The complaint also accuses Grays Harbor County of negligence because of the way the 911 center responded to the driver’s calls. The county and the State Patrol are also cited for failing to assign an emergency phone number to the case or let Beaverton police know that Beverly’s car had been spotted. The lawsuit accuses Beaverton of negligence because of its failure to request notification if Beverly was sighted.

Beverly had a medical history of experiencing twilight seizures that affected her memory and made it hard for her to communicate. She was taking medication for her condition at the time of her disappearance.

Wrongful Death
Law enforcement officers and emergency officials can be held liable for personal injury or wrongful death if their negligence, carelessness, or mistakes result in someone getting hurt or dying.

Missing Woman's Family Upset by Failure to Find Car in Time, Beaverton Valley Times, February 22, 2007

Husband sues sheriff's office over death of wife, KATU.com, February 4, 2009

Related Web Resources:
City of Beaverton, Oregon

Grays Harbor County, Washington

Police in Oregon say alcohol may have been a factor in a deadly Eugene auto accident that left 10-year-old Jakobi Mulgrave in serious condition and killed four other people on Wednesday. Injured in the Oregon auto wreck was the boy’s mother, 34-year-old Heather Yvonne Mulgrave, 10-year-old Jaziah Vermilyea, 34-year-old Connie Marie Vermilyea, and 11-year-old Nima Gibba. All of the victims were from Springfield, except for Nima, who is a Eugene resident.

The accident occurred at about 9:16pm at night when the Toyota Highlander carrying the victims and an Isuzu Rodeo collided. Both vehicles were totaled in the crash. The driver of the Isuzu, 24-year-old Eugene motorist Matthew N Ellmers, was listed in serious condition at a Springfield hospital as of yesterday.

The deadly auto crash happened at an intersection where there is a 4-way traffic signal. One teenager says the cement building she was in shook when the vehicles collided. The Highlander reportedly flipped into the air following the crash and drove into a utility pole.

According to The Register-Guard, multi-vehicle crashes don’t happen very often in Eugene. The last time local police investigated an auto accident death involving more than one victim was in 1978.

According to the state's Fatality Analysis Reporting System, there were five Oregon multi-vehicle accidents involving at least four fatalities in 2007 and 2008.

Multi-Vehicle Collisions
Proving liability and obtaining personal injury or wrongful death recovery in a multi-vehicle crash can be complicated—unless you are working with an experienced Oregon car accident lawyer who knows how to properly investigate your case.

Accident reconstructionists, medical specialists, accident investigators, and other experts may have to be called in to investigate all of the evidence to determine fault and figure out how much compensation you should receive. If you or someone you love was injured in a multi-vehicle Oregon auto accident—do NOT try to negotiate an agreement with the other parties’ insurance companies or their legal representatives without seeking your own legal counsel.

Police need public's help with investigation of crash that killed 4, KVAL, January 23, 2009

Accident Touched Lives of Many, The Register-Guard, January 23, 2009

Continue reading "Deadly Oregon Motor Vehicle Accident Leaves Four People Dead and a Young Boy in Critical Condition " »

Oregon Department of Transportation is reporting that seven people died in five motor vehicle accidents between 6pm and 11:59pm on December 31, 2008. These figures are an increase from the same period beginning December 31, 2007, when five people were killed in four motor vehicle accidents. There were four Oregon auto deaths on New Year’s Eve 2006.

Poor road conditions were a contributing factor in four of this New Year's Eve deadly accidents, while intoxicated driving was a factor in the fifth collision that took place in Bend, Oregon, on Highway 20. Five people who survived these crashes have since been released from local hospitals.

Holiday Drunk Driving
The Oregon State Police say they made 52 DUI arrests between December 31, 2008 and January 1, 2009 at 8am. Between 6pm on New Year’s Eve through 11:59pm on January 4, 2009, they made 85 DUI arrests—that’s 13 less than for the same time period last year. Police throughout the state had increased their efforts to stop drunk drivers and prevent them from causing Oregon motor vehicle accidents.

What to Do If You Are Involved in an Oregon Car Accident:
• Do not leave the scene of the Oregon motor vehicle crash without stopping to see if anyone was hurt and exchanging contact and insurance information with the other party.

• Document any injuries or property damage to your vehicle.

• If applicable, talk to police who arrive at the crash scene and make sure you tell them exactly what happened.

• Do NOT try to settle your claim with the other party’s insurance company without exploring your legal options.

• Talk to an experienced Portland personal injury lawyer about your case.

OSP holiday patrols net 85 DUI arrests, StatesmanJournal.com, January 6, 2009

OSP Troopers Report Over 50 DUII Arrests During New Year's Eve, January 1, 2009

Related Web Resources:

Oregon DMV

Oregon State Police

Continue reading "Oregon Department of Transportation Reports Seven Motor Vehicle Deaths on New Year’s Eve" »

The Virginia Graeme Baker Pool and Spa Safety Act has finally gone into effect. The new law mandates that all public pools and spas be fitted with a federally approved anti-entrapment drain or grate cover to prevent people from getting caught by the suction and drowning. Children are especially at high risk of suffering a fatal injury when getting caught in a swimming pool, wading pool, or hot tub drain.

The law is named after the granddaughter of former US Secretary of State James Baker. Virginia, 7, drowned in 2002 after she sat on the floor drain of a hot tub. Her mother, Nancy Baker, tried to pull her daughter from the drain but to no avail.

Last March, 6-year-old Abigail Taylor died nearly nine months after the suction from a wading pool drain pulled out part of her intestinal tract. She had to undergo liver, small bowel, and pancreas transplants and suffered complications before her death.

The design of the approved dome shaped drain covers should keep the human body from being suctioned by a pool or hot tub drain. Schools, recreational centers, hotels, health clubs, and apartments are among those affected by the new law. Some pool owners and managers, however, are complaining that drain manufacturers have not been able to keep up with the demand for these federally approved designs, which is making it harder for compliance to occur. Hopefully, these drains should be in place in spas and pools throughout Oregon when the hot weather returns.

Pool Entrapment Accidents
According to Safe Kids USA, about 100 children in the United States sustained serious injuries and at least 33 children younger than 14 died because of entrapment by a pool or spa drain between 1985 and 2004. Serious personal injuries can include body entrapment, massive internal injuries, traumatic brain injuries, drowning, and wrongful death.

If you or your child was seriously injured in a pool entrapment accident, you may have grounds to file an Oregon premises liability claim or products liability lawsuit against the liable party.

New Federal Pool Safety Law to Take Effect, KOHD, December 11, 2008

Pool drain safety covers required today, but supply is backlogged, Sacramento Bee, December 20, 2008
Federal drain law forces pool closings, Boston Herald, January 5, 2008

Related Web Resource:
The Virginia Graeme Baker Pool and Spa Safety Act (PDF)

Continue reading "Preventing Oregon Drowning and Entrapment Accidents with New Pool Safety Law" »

The US Centers for Disease Control and Prevention says auto accidents and fall accidents are the leading causes of accidental teen and child injuries and deaths in this country.

Facts included in the CDC’s report:

• 9.2 million teenagers and children a year are treated in US emergency rooms for accidental injuries.
• 2.8 million teens and young kids are injured in fall accidents annually.
• Over 50% of the nonfatal injuries involving kids younger than 1 occurred during fall accidents.
• About 8,000 minors are killed each year in traffic accidents as pedestrians, vehicle occupants, and pedalcyclists.
• 12,175 people under age 20 die in the US every year because of accidental injuries.
• Approximately 20 kids die every day because of an injury that could have been prevented.
• Some 20 million kids and young adults sustain injuries each year that limit their activity and require medical care.

Leading causes of injury deaths, according to age group:

• Infants – suffocation
• Ages 1 to 4 – drowning
• Ages 5 to 19 – traffic crashes

In addition to fall accidents, other leading causes of nonfatal injuries to kids include:

• Animal bites
• Insect bites
• Getting hit by or falling against an object

Children in the 1 – 4 age group were most likely to suffer nonfatal injuries in fall accidents or due to accidental poisoning. According to CDC Division of Unintentional Injury Prevention Director Grant Baldwin, many of these injuries can be predicted and are preventable.

Many times, these injuries occur while a child or teen is engaged in everyday activities, such as riding in a car, walking to school, or swimming in the neigborhood pool. Such injuries are often caused by reckless motor vehicle drivers, careless property owners, negligent product manufacturers, careless dog owners, or other responsible parties.

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News, December 10, 2008

Childhood Injury Report, CDC

Related Web Resources:

Children Traffic Safety Fact Sheet, NHTSA (PDF)

World Health Organization

Continue reading "Car Crashes and Fall Accidents are Leading Causes of Accidental Deaths and Injuries to Minors in the US, Says CDC" »

As part of its push to keep motorists and pedestrians safe over the holiday season, the Oregon State Police is increasing its DUI enforcement efforts. Their actions are part of a 20-day national crackdown on drunk drivers and runs from December 13 though the New Year. State and local police will also be on high alert for Oregon DUI drivers beginning 6pm on Christmas Eve through Sunday at midnight.

Oregon Governor Kulongoski, who declared December “Drunk and Drugged Driving Awareness” month, has reminded drivers that driving with a buzz is driving while impaired—a leading cause of motor vehicle fatalities in the state. Last year, 18 people died in Oregon drunk driving accidents over the holiday season.

Meantime, a recent national study confirms that the number of fatalities due to drunk drivers increases around Christmas and New Year. The National Highway Traffic Safety Administration says that from 2002 – 2006, alcohol was a factor in 4 out of 10 motor vehicle deaths that occurred during the last two weeks of December. Also, drivers 21 – 24 years of age are more likely to be involved in a deadly alcohol-related motor vehicle accident than other motorists.

The Oregon Department of Transportation Safety Division’s Impaired Driving Program Manager Gretchen McKenzie has a number of suggestions for how drivers can keep themselves and others safe this holiday season:

• Don’t drive if you’ve had anything to drink.
• Make sure that there is a designated driver.
• Don’t let anyone who has been drinking get behind the wheel of the car.
• Consider taxis, public transportation, or a car service as alternative modes of transportation.
• Make sure you and your passengers are wearing seat belts.
• Call 911 if you see a drunk driver on the road.

Of course, it is important that motorists drive sober throughout the year. Last year, the NHTSA says 12,998 people died in alcohol-impaired auto crashes in the US.

Anyone who drives under the influence of alcohol or drugs is breaking the law and may be charged for Oregon DUI crimes. Victims injured by a DUI driver may also have grounds to file an Oregon personal injury claim for damages.

Governor proclaims December “Drunk and Drugged Driving Awareness” month, Oregon.gov, December 1, 2008

State police beef up drunk-driver patrols, The Register-Guard, December 23, 2008

Related Web Resources:

Alcohol Impaired Driving 2007 Traffic Safety Facts, NHTSA (PDF)

DUI Laws in Oregon, United States DUI Laws, DUI Driving Laws

Continue reading "To Prevent Oregon DUI Accidents, OSP Steps Up Drunk Driver Patrols Over the Holiday Season" »

A federal judge has decided that the Oregon wrongful death lawsuit against Clackamas County, the city of Sandy, and individual police officers over the death of Fouad Kaady can move forward. Kaady, a 27-year-old Portland resident, died after he was fatally shot by local police. He was unarmed at the time of the shooting incident.

Kaady's family is seeking monetary damages for wrongful death, excessive force, and civil rights violations. The trial is expected to begin next April.

In 2005, Kaady was found bleeding, naked, and unarmed by police after he crashed his car on a rural Oregon road. Rather than calm him down, Deputy David Willard of the Clackamas County Sheriff’s Office and William Bergin of the Sandy Police Department made him lay on the hot ground and Tasered him on his back.

Kaady then reportedly started running around, got on top of a police car, and started yelling at the two cops. Willard says he fired his gun when it looked like Kaady was going to jump off the car and land on him. The two police officers reportedly shot Kaady seven times.

A police report said Kaady’s behavior before he was shot might have been caused by illegal drug use, injury, or mental illness. A grand jury later found that the two officers did not engage in any wrongdoing. Last month, for an unrelated incident, Bergin resigned from the Sandy Police Department and was indicted for license misuse, official misconduct, and identity theft.

Police Brutality
It is illegal for law enforcement officers to use excessive/unnecessary force on a suspect, a person convicted of a crime, or anyone else. Unfortunately, many of these incidents go unreported, with many of the victims never realizing that their civil rights were violated.

Examples of police brutality include shooting someone without provocation or justification, physical assault, sexual assault, false arrests, verbal abuse, intimidation, and racial profiling. These acts of violence by police, prison guards, and other law enforcement officials can result in an Oregon personal injury or wrongful death lawsuit if someone is injured or killed as a result.

Judge gives go-ahead to Kaady trial in Ore., Oregon Live, November 28, 2008

The Kaady Family's Wrongful Death Lawsuit (PDF)

Related Web Resource:

Top 5 Police Brutality Videos

In Oregon, a 97-year-old pedestrian died on Saturday after she was struck by a car that was backing out of an apartment complex parking lot. Anne Hemming sustained head injuries and was pronounced dead shortly upon her arrival at Oregon Health and Science University Hospital.

The car’s driver, 79-year-old Milwaukie resident Stanley Keltz, has not been charged with any crime related to the Oregon pedestrian accident.

NHTSA Pedestrian Accidents
• There were 4,654 pedestrian deaths in 2007.
• 903 of these victims were elderly pedestrians, age 65 and older.
• 70,000 pedestrians suffered injuries in traffic accidents.
• 6,000 of the injury victims were seniors, age 65 and older.
• 60% of elderly pedestrian deaths took place at non-intersections.

Common Causes of Pedestrian Accidents
• Driver negligence
• Drunk driving
• Motor vehicle defect
• Pedestrian error
• Speeding
• Talking/texting on the cell phone while driving
• Failure to obey traffic signs
• Driver inattention

Elderly people may have a harder time than their younger adult counterparts recovering from a broken hip, a fractured bone, a traumatic brain injury, a spinal cord injury, or another serious injury. Not only may senior pedestrians need more time to heal from their injuries and infections, but chronic illnesses, such as diabetes or heart disease, may create further complications.

Personal Injury or Wrongful Death
Even if Oregon police decide not to pursue criminal charges against the driver or another party responsible for causing a motor vehicle accident, the injured person or the family of a person killed in an auto crash may still be able to hold the responsible party liable in civil court.

Woman, 97, Dies After Being Hit By Car, KPTV.com, November 16, 2008

97-year-old Milwaukie woman hit, killed by car in parking lot, Oregon City News, November 16, 2008

Pedestrians Traffic Safety Fact Sheet, NHTSA

Related Web Resources:
Older Population Traffic Safety Fact Sheet, NHTSA

Focusing on the Senior Pedestrian, Federal Highway Administration

Continue reading "97-Year-Old Oregon Pedestrian Dies After She is Hit by Car in a Milwaukie Parking Lot" »

A young Oregon couple died on Tuesday when the Jeep Wrangler they were riding in was involved in a head-on crash with a 2003 Kenworth truck. Klamath Falls residents Dotsie J. Irion, 21, and Clay J. Newcomer, 23, were pronounced dead at the crash scene on US 97.

According to Oregon State Police, the large truck, driven by Ajmer Singh, sideswiped a Dodge pickup that was pulling a horse trailer driver. The pickup was able to stop safely. However, the Kenworth, which had entered the southbound lane struck the Jeep in a head-on crash, killing the young couple.

Trucker Singh sustained minor injuries in the crash. The pickup truck driver, Merrill resident Samatha Gallagher, and her horses did not sustain any injuries in the traffic collision.

Oregon State Police are continuing to investigate the case of the deadly truck crash. The roads were reportedly covered in snow and ice when the crash happened.

Frontal-Impact Crashes
Frontal-impact crashes can lead to serious injuries for victims. In addition to head-on crashes, other examples of frontal-impact accidents include:

• The front of a vehicle crashing into the back of another vehicle.
• A vehicle crashing into a nonmoving object.
• The front of a vehicle colliding into the side of another vehicle.

Common causes of head-on crashes:

• Crossing over the centerline.
• Driving too quickly into a curve.
• Losing control of the vehicle.
• Turning directly into the oncoming path of a car, truck, bus, or motorcycle.
• Not paying attention to lane markings.
• Making wide right turns.
• Drunk driving.

Head-on collision kills young couple from Klamath Falls, OregonLive.com, November 5, 2008

Klamath Falls Couple Dies Tuesday in Highway 97 Wreck, KTVL.com, November 5, 2008

Related Web Resources:

Head-On Collisions

Oregon State Police

Continue reading "Klamath Falls Couple Killed in Oregon Large Truck Accident" »

In Oregon City, a 26-year-old pregnant woman is dead and three others are injured following a high-speed auto collision on Saturday night. The deadly crash happened when a Toyota 4-Runner driven by Fernando Deanda Moreno, who was reportedly speeding, drove through a stop sign at the Davis and Linn Avenue intersection.

Deanda Moreno’s vehicle crashed into the Toyota Camry carrying Kay Blaser, who was two-months pregnant, and her fiancé, William Sargent. Sargent, who survived the crash with neck, collarbone, and back injuries was transported by air to Oregon Health and Science Center.

Deanda Moreno and one of the two passengers riding in his SUV were also injured in the crash. According to the Clackamas County Major Crime Teams, the 22-year-old motorist was driving drunk when the accident occurred. Following his release from the hospital, Deanda Moreno was arrested on charges of Assault and Manslaughter. Bail was set at $750,000.

Drunk Driving
Drunk driving is negligent driving that can cause serious injuries or deaths. Examples of the effects of alcohol on a driver:

• Reflexes are slowed down, which can slow a motorist’s reaction time
• Blurred or impaired vision
• Decrease in ability to concentrate
• Drowsiness
• Decrease in ability to assess distances between other vehicles and lanes
• Impaired coordination
• Decrease in ability to make decisions

Passengers injured by a drunk driver and the loved ones of victims killed in drunk driving accidents may be entitled to receive Oregon personal injury or wrongful death compensation.

Victim identified in fatal Oregon City accident, OregonLive.com, October 12, 2008

Man faces manslaughter, DUI in crash that killed pregnant woman, NWCN.com, October 13, 2008

Related Web Resources:

Driving and Alcohol, West Virginia University

2007 Alcohol-Impaired Driving Fatalities, NHTSA (PDF)

Continue reading "Pregnant Woman Dies in Oregon City Drunk Driving Accident" »

In Oregon, two former Gateway Care and Retirement Center workers were found guilty of felony criminal mistreatment related to the death of a 60-year-old nursing home patient who was dropped while being transferred from a wheelchair to her bed. Linda Ober broke her legs in the fall, which took place at the nursing home on October 29, 2006. She died five days later after she was finally taken to a local hospital. Ober’s daughter, Sarah Cunningham, has already filed a $3.5 million wrongful death lawsuit against the nursing home.

The two former Gateway Care employees are Suzanne Ruddell and Cammy Elaine Nye. Ruddell, a former supervisor, reportedly failed to get Ober medical help even though she kept crying out and staff members kept saying that something was wrong with her. Ruddell also told a nurse not to complete the incident report about the fall and waited to order an X-ray for Ober until after she was told that the patient had a bone sticking out at a weird angle. Ruddell then went to the beach.

Nye, a certified nursing assistant, was found guilty of misdemeanor reckless endangerment for carelessly placing Ober in a sling right before she fell. Another nurse, Verna Colleen Heide, has already pleaded guilty to one count of criminal mistreatment. It was Heide who determined that Ober’s condition was fine after the fall.

Wrongful Death
Nursing homes and their workers are required to provided residents with proper care and supervision. When nursing home neglect, abuse, or failure to provide that care results in the death of a patient, the family of the deceased may be able to file an Oregon wrongful death claim against the home and its workers.

Cunningham’s Oregon wrongful lawsuit, filed in December 2007, alleges negligence and wrongful death. Cunningham says staff members told her mother that the pain was in her mind and the accident never occurred. Cunningham did not know her mother had been hurt until after she was notified of her death.

Gateway nursing home workers found guilty of criminal charges in death of 60-year-old patient who was dropped, The Oregonian, October 6, 2008

Closing arguments in Oregon nursing home death, KGW.com, October 6, 2008

Family Claims Wrongful Death In Nursing Home Lawsuit, KPTV.com, December 14, 2007

Related Web Resources:

Nursing Home Abuse and Neglect Resource Center

Gateway Care and Retirement Center

In Oregon, a former North Bend High School football coach died on Friday from injuries he sustained in a motor vehicle crash. Howard Johnson, 72, was declared dead at the accident scene located on Highway 138W near Sutherlin.

Johnson, who is said to be the longest tenured football coach in the school’s history, and Boyd Bjorkquist, the high school’s athletic director, were headed to Sutherlin to watch the team play when the driver of a 2005 Jeep Wrangler lost control of her vehicle and crashed into the 1999 Cadillac Seville that Johnson was driving.

Bjorkquist sustained minor injuries from the crash, and he was treated at Mercy Medical Center for his injuries. The Jeep’s driver, 33-year-old Jennifer Sines, and her two-year-old son were taken to the same hospital for treatment of their non-life-threatening injuries.

Johnson was the Bulldogs' coach from 1971 to 1992. Following his retirement from coaching, he continued to stay actively involved with North Bend High School. The Oregon State Police, who are continuing to investigate the cause of the accident, say the road conditions were wet at the time of the crash.

According to the National Highway Traffic Safety Administration, there were 455 motor vehicle accident deaths in Oregon last year—a slight decrease compared to the 478 auto accident deaths that occurred in the state in 2006.

Auto crashes are a leading cause of serious injuries and deaths in the United States. Nationally, there were 41,059 motor vehicle deaths in the US in 2007.

Former North Bend football coach dies in crash, TheWorldLink.com, October 5, 2008

Crash kills former North Bend football coach, KPIC.com, October 5, 2008

Related Web Resources:

2007 Traffic Safety Annual Assessment - Highlights, NHTSA (PDF)

Oregon Department of Transportation

Continue reading "Former North Bend High School Football Coach Dies in Oregon Motor Vehicle Collision" »

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

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