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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.

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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.

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A Portland bicyclist and the insurance company of the driver that struck him have reached a $100,000 Oregon bicycle accident settlement for injuries and costs. Bicyclist Ben Ramsdell was injured almost two years ago when he was hit by motorist Johnny Eschweiler, 49, after the two of them engaged in a verbal exchange of words.

Witnesses say they saw the motorist deliberately hit Ramsdell and Timothy Mastne, another bicyclist, in August 2007. Ramsdell had to get 30 stitches on his face. He also broke his finger and his nose. Mastne sustained bruises and cuts.

In April, Multnomah County Circuit Court Judge Michael McShane ruled that Eschweiler was guilty of assault but insane. When he was 19, he used a fork to stab a coworker in the face. Surgeons had to take out part of his brain when he was 23.

Eschweiler was not ordered to serve jail time for causing the Portland, Oregon bicycle accident, but he was committed to house arrest for 15 years and state psychiatrists are closely monitoring him. The state of Oregon has permanently taken away his driver’s license.

Because the Oregon bicycle accident was considered “intentional” and not “accidental,” Farmer’s was initially absolved of making a payout. However, the insanity ruling raised the question of whether the motorist even knew that hitting bicyclists was his car was intentional or accidental.

The $100,000 is the maximum that the insurance company’s motorist policy allows.

Bicycle Accident Injuries
It is rare for a motor vehicle driver to intentionally run down an Oregon bicyclist. Most bicycle accidents that are caused by motorists are accidental. The driver never meant to seriously injure or kill the victim.

Regardless of whether or not a motorist meant to intentionally hurt or kill a bicyclist, however, any negligence on the driver’s part can be grounds for an Oregon bicycle accident claim or lawsuit.

Bicyclists are at a disadvantage anytime they are injured in a collision with a car, a truck, a motorcycle, an SUV, a van, a bus, or a train. The impact of the bicycle-vehicle crash alone can prove fatal.

Bicyclist hit by insane driver reaches settlement, KGW, June 17, 2009
Rage victim says he’s taking it “day by day,” BikePortland, August 18, 2007
Related Web Resources:
Bicycle and Pedestrian Program

Bicycle Safe

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Near Corvallis Highway 34, rescuers had to use the Jaws of Life on Monday to extricate the victims of an Oregon car accident. Two people were transported to the hospital for treatment of their injuries.

According to Oregon State Police, a 1999 Toyota Corolla was headed eastbound on Highway 34 when the vehicle crossed the center turn lane, sideswiped a guardrail, and drove head-on into a 1990 Ford Bronco II. The driver of the Toyota, Portland resident Matthew Alexander, and the driver of the Ford, Lebanon resident Janet Smallman, were taken to Corvallis Hospital.

While Alexander, 25, was treated for minor injuries and later released, Smallman was seriously injured. Alexander received citations for reckless endangerment, reckless driving, third-degree assault, driving while suspended, and second-degree criminal mischief. Police think Alexander was fatigued at the time of the Oregon motor vehicle collision.

The Dangers of Drowsy Driving
According to the National Highway Traffic Safety Administration, some 100,000 police-reported auto accidents a year are caused by driver fatigue. Drowsy driving accidents cause about 71,000 injuries and 1,500 fatalities each year. Many experts, however, believe that these figures do not convey the full scope of this problem.

A drowsy driver is not as alert as a driver that is wide awake, and his or her senses, reflexes, and ability to react to emergencies in a timely manner may be impaired. Certain studies indicate that people that haven’t slept for 24 hours have cognitive-psychomotor abilities that are as impaired as that of someone with a blood alcohol content of 0.10%. The legal driving limit in the US is a BAC of .08%.

A driver that is tired or sleepy may even fall asleep at the wheel, which could cause his or her vehicle to become involved in a head-on crash with another car, a wall, or a tree. This can be especially catastrophic if the driver falls asleep while operating a car or large truck at full speed.

Police: Sleepy driver causes head-on crash, KVAL.com, June 22, 2009
Two Injured in Head-On Crash Near Corvallis, Salem-News, June 22, 2009
Drowsy Driving, AAA
Related Web Resources:
NHTSA

National Safety Council

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We all know that it’s dangerous to drive drunk. But do you know that it can also be dangerous to drive the day after when you’re suffering from a hangover?

The National Safety Commission recently published an alert discussing the effects that a hangover can have on a person’s driving ability. The findings come from a study by Brunel University in England. When test subjects that were sober and those with hangovers were monitored while using driving simulators to drive a five-mile course:

• Drivers that were hungover drove an average of 10mph faster than sober drivers.
• Sober drivers tended to drive about 32.6 mph, while hungover drivers drove at a speed of about 41.7 mph.
• While sober drivers had a tendency to drive above the speed limit just 6.3% of the time, hungover drivers did so about 26% of the time.
• Hungover drivers drove outside their lanes four times more than sober drivers did.
• Hungover drivers had two times as many traffic violations, including those involving red light running.

Once a person’s BAC drops to zero, a hangover can go last anywhere from 8 to 24 hours. Hangovers can cause headaches, lethargy, lightheadedness, a decrease in attention and concentration, fatigue, sleep deprivation, stomach irritation, and sensitivity to light.

With these side effects, it is obvious that hungover drivers are often not the most attentive drivers, which could make them more prone to getting involved in or causing a deadly Oregon car accident.

While “Don’t drink and drive” is advice that we’ve heard often, motorists that are hungover may want to think twice before getting behind the steering wheel of a car the morning after a night spent drinking too much. In addition to possibly getting involved in or causing a Portland, Oregon car crash, the hungover driver risks hurting pedestrians and other motorists.

The Hazards of Driving with a Hangover, The National Safety Commission, June 5, 2009
A Few Too Many?, The New Yorker, May 26, 2009
Related Web Resources:
Drowsy & Distracted Driving, NHTSA
Distracted Driving, NSC.org

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According to news reports, the Environmental Protection Agency is reconsidering its endorsement that it is okay to use ground-up, recycled tires on kids’ playgrounds and sports fields. The tire mulch has been used to cushion the ground in the event of a fall accident.

Now, however, the EPA says there is not enough information to determine whether use of these recycled tires could actually prove a health hazard, and communities in Oregon and other US states are wondering whether they could lead to the inhalation of metals, lead, and chemicals if children touch, inhale, or swallow the material.

The Centers for Disease Control and Prevention says older fields that are more worn down may pose a greater risk for lead exposure. It’s also important to note, however, that not all turf fibers are made with lead.

With the summer holidays fast approaching, many school kids are likely to spend time outdoors playing in local playgrounds or on playground equipments in residential backyards. It’s a good time to note that recycled tires may not be the only issue of concern when it comes to kids’ safety.

Playground Accidents and Injuries
SafeKids USA calls playground accidents the number one cause of injuries to kids ages of 5 to 14—with 150,000 kids each year ending up in US emergency rooms because they were involved in accidents involving playground equipment. About 10 kids die from playground injuries annually, with many injuries caused by fall accidents or strangulation accidents, such as when a piece of clothing gets caught on playground equipment.

Playground equipment that have been known to cause injuries to kids include:

• Swings with metal or wood seats or half-bucket seats
• Adjustable seesaws with chains
• Merry-go-rounds or roundabouts that lack the proper handgrips
• Poorly secured climbing ropes
• Monkey bars
• Lack of a proper playground surface
A defective playground product that causes personal injury can be grounds for an Oregon products liability case involving injuries to children. A premise that has a hazard that causes injury can be grounds for an Oregon premises liability lawsuit.

EPA rethinks play padding, Chicago Tribune, June 5, 2009
No. 1 Cause of Injury in Elementary School: Playground Accidents, Safe Kids USA
Related Web Resources:
Playground Safety, NSC.org
US Environmental Protection Agency

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While the number of 15-passenger van deaths has gone down since 2001, the number of 15-passenger van occupant deaths did increase by almost 205 between 2006 and 2007. 45 of the 2007 15-passenger van fatalities occurred in rollover accidents—73% more than from the year before.

According to statistics, 31% of deadly 15-passenger van rollover accidents occur during the summer travel season, with June – August considered the deadliest period for 15-passsenger van riders.

More NHTSA 15-Passenger Van Accident Facts:

• A van that is fully loaded with passengers and luggage has a greater chance of becoming involved in a rollover accident.
• More than half of the 15-passenger van occupants that have died were not using seat belts.
• Other common causes of 15-passenger van accidents include driver inexperience and poor tire condition.

CBS reported in 2004 that there are approximately 500,000 15-passenger vans on US roads, with millions of people riding them to and from the airport, school and church activities, and on trips involving large groups.

One reason 15-passenger vans are a high-risk vehicle for becoming involved in a rollover crash is the way the vehicle is designed. Most 15-passenger van models have an extended back, which means that its backside tends to get very heavy when the vehicle is fully loaded. 15-passenger vans also are made with a high gravity center, which means the more weight riding in the car, the more top heavy the vehicle.

While there is nothing that 15-passenger van occupants can do about the way the vehicle is designed, there are steps that the van driver can take to prevent 15-passenger van accidents from happening:

• Don’t drive unless you have the experience to properly operate and control a 15-passenger van.
• Don’t text message or talk on the cell phone or engage in any other form of distracted driving while operating a 15-passenger van.
• Make sure that all of the van passengers are wearing safety belts.
• Make sure the tires are properly inflated and they show no signs of extreme wear or aging.

Consumer Advisory: Federal Government Restates Rollover Warning for 15-Passenger Vans Users, NHTSA, May 20, 2009
Nation’s Top Vehicle Safety Official Urges 15-Passenger Van Users to Drive with Caution this Summer, NHTSA, May 12, 2009
Related Web Resources:
Safercar.gov

Fatalities to Occupants of 15-Passenger Vans, 1997-2006, NHTSA, May 2008 (PDF)

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Exodus Tyson, the 4-year-old daughter of Mike Tyson, has died. She passed away on Tuesday morning after being placed on life support following a tragic hanging accident that took place on a treadmill in the family’s home.

According to police, Exodus was discovered with her neck wrapped in the cord that hangs from the treadmill console. Her mother pulled the cord off her and tried reviving the 4-year-old before paramedics came to take her to a hospital. Police are calling her death a tragic accident. They say that Exodus was playing on the exercise machine, but it was not in operation when the strangulation accident happened.

Strangulation Accidents
Unfortunately, accidental deaths at home occur more often that we would like to think. The Centers for Disease Control and Prevention says nearly that 900 kids die every year from strangulation accidents. 45% of these child fatalities occur at home. Many of the victims are younger than 4.

While it is important that parents and guardians take the necessary steps to prevent strangulation and choking accidents from happening, it is also up to product manufacturers to make sure that they make products that do not pose an injury or death hazard to consumers—especially children. Sometimes, the products that you least expect to prove dangerous may have been designed in such a way that they have defects that can cause catastrophic injuries, including:

• Clothing with long drawstrings that can get caught in a motor vehicle door or become easily tangled around the neck of a child that is roughhousing.

• Cribs made with defective slats that can easily come off, creating a gap that poses an entrapment or strangulation hazard if a child falls through the opening.

• Extra long drapery or window blind cords that can easily wrap around a toddler’s neck.

Catastrophic strangulation accidents can result in traumatic brain injuries and even death. If your child was seriously injured or died due to a strangulation accident caused by a dangerous toy, or a defective piece of furniture, clothing, or household /recreational appliance, you may be entitled to Portland, Oregon personal injury compensation.

Sad update on accident involving Mike Tyson’s daughter, Examiner.com, May 26, 2009
Avoiding Home Health Hazards, CBS News, May 27, 2009
Related Web Resources:
Consumer Product Safety Commission

Preventing strangulation and suffocation, Raising Children Network

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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.

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A couple of months ago, our Portland, Oregon personal injury law firm published a blog post discussing how the hot summer months are a time when dogs are more likely to bite kids. This is a concern, considering that statistically the 5-9 year age group has the highest rate of dog bite-related injuries.

This week is National Dog Bite Prevention Week, which is meant to remind people that dog attacks do happen and that it is important that owners and parents take the proper preventive measures so that dog bite incidents don’t happen.

Dog bite injuries can lead to serious lacerations, physical disfigurement, and even death—in the event of a serious dog mauling. They can also be grounds for an Oregon dog bite lawsuit if someone’s pet injures another adult or child.

Each year, about 885,000 dog bite victims will seek medical attention for their injuries. Some of these injuries will require extensive and expensive surgeries. According to American Societies of Plastic Surgeons President John Canady, MD, plastic surgeons performed 16,000 reconstructive surgeries to repair dog bite injuries in 2008. Also, the emotional trauma from a brutal dog attack can last a lifetime.

Steps dog owners can take to prevent Oregon dog attacks:

• Keep your dog safely fenced in if your pet is in a yard without supervision.
• When taking your dog out in public, make sure your pet is on a leash.
• Make sure your dog’s vaccinations (especially for rabies) are current.
• Don’t leave your dog alone with children that your pet may not know.
• Train your dog to behave and obey commands.
• If your dog is prone to biting people, make sure that you avoid situations where that can happen or that you take steps to secure or restrain your dog when he or she is around others.
• If your dog can get aggressive around strangers, post “Beware of Dog” signs around your property.
• If necessary, use a muzzle on your dog.
• If possible, spay or neuter your dog.
• Socialize your dog if you are going to expose your pet to other people.

It’s national dog-bite prevention week, Oregon Live, May 18, 2009
Tips to Prevent Dog Bites, American Kennel Club
Related Web Resources:
Famed Hollywood Dog Trainer and Lassie Descendant Unleash National Dog Bite Prevention Week, Plastic Surgery Practice, May 14, 2009
More Dogs Bite Kids in the Summer, Says Study, Oregon Injury Lawyer Blog, March 10, 2009

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50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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