Oregon Injury Lawyer Blog

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

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

Posted In: Wrongful Death

Bookmark:

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

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

Posted In: Injuries to Minors , Truck Accidents , Wrongful Death

Bookmark:

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

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

Posted In: Wrongful Death

Bookmark:

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.

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

Posted In: Medical Malpractice , Nursing Home Abuse and Neglect , Wrongful Death

Bookmark:

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

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

Posted In: Wrongful Death

Bookmark:

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

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

Posted In: Wrongful Death

Bookmark:

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

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

Posted In: Hospital Deaths , Wrongful Death

Bookmark:

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

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

Posted In: Wrongful Death

Bookmark:

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

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

Posted In: Wrongful Death

Bookmark:

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

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

Posted In: Truck Accidents , Wrongful Death

Bookmark:

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" »

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

Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

Bookmark:

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" »

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

Posted In: Nursing Home Abuse and Neglect , Wrongful Death

Bookmark:

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

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

Posted In: Wrongful Death

Bookmark:

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

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

Posted In: Wrongful Death

Bookmark:

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

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

Posted In: Injuries to Minors , Medical Malpractice , Wrongful Death

Bookmark:

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

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

Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

Bookmark:

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

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

Posted In: Boating Accidents , Wrongful Death

Bookmark:

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

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

Posted In: Bicycle Accidents , Bus Accidents , Motor Vehicle Accidents , Wrongful Death

Bookmark:

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

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

Posted In: Bicycle Accidents , Motor Vehicle Accidents , Truck Accidents , Wrongful Death

Bookmark:

In Multnomah County, the family of Ruth Reimann and her children Chris, 13, Sarah, 11, and Julia, 10, has filed an Oregon wrongful death lawsuit. The Reimanns, who are from Portland, were 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.

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

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

Posted In: Wrongful Death

Bookmark:

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

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

Posted In: Wrongful Death

Bookmark:

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 " »

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

Posted In: Car Accidents , Injuries to Minors , Motor Vehicle Accidents , Wrongful Death

Bookmark:

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" »

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

Posted In: Car Accidents , Motor Vehicle Accidents , Wrongful Death

Bookmark:

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" »

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

Posted In: Injuries to Minors , Premises Liability , Products Liability , Wrongful Death

Bookmark:

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" »

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

Posted In: Bicycle Accidents , Bus Accidents , Car Accidents , Dog Attacks , Injuries to Minors , Motor Vehicle Accidents , Pedestrian Accidents , Premises Liability , Products Liability , Truck Accidents , Wrongful Death

Bookmark:

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" »

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

Posted In: Bicycle Accidents , Bus Accidents , Car Accidents , Motor Vehicle Accidents , Motorcycle Accidents , Pedestrian Accidents , Truck Accidents , Wrongful Death

Bookmark:

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

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

Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

Bookmark:

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" »

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

Posted In: Motor Vehicle Accidents , Pedestrian Accidents , Wrongful Death

Bookmark:

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" »

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

Posted In: Motor Vehicle Accidents , Truck Accidents , Wrongful Death

Bookmark:

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" »

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

Posted In: Car Accidents , Motor Vehicle Accidents , Wrongful Death

Bookmark:

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

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

Posted In: Nursing Home Abuse and Neglect , Wrongful Death

Bookmark:

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" »

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

Posted In: Car Accidents , Motor Vehicle Accidents , Wrongful Death

Bookmark:

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

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

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

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

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

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

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

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

Wrongful Death, Justia

Related Web Resources:

Tort Reform, State of Oregon (PDF)

Bills and Laws, Oregon State Legislature

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

Posted In: Wrongful Death

Bookmark:

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

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

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

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

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

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

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

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

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

Related Web Resources:

Types of Medical Malpractice, WrongDiagnosis.com

Ankle / surgery, Intute

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

Posted In: Medical Malpractice , Wrongful Death

Bookmark: