(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
Comparing the two lumbar MRI reports we see the difference. Following the attack by the dog Franz in 2006 the MRI records:
“A small amount of extruded disc material into the axillary portion of the canal on the left at this level, impinging on the left L5 root at its origin.”
This finding was not present in the earlier MRI.
This finding was also confirmed by Dr. Hambly in his operative report dated April 12, 2006, Dr. Hambly stated:
“Kerrie Rich is a 55-year-old attorney with a large disc herniation on the left at L4-5…there is a large high intensity zone within the substance of the L5-S1 disc.”
IV. FUTURE MEDICAL
As stated previously, Ms. Rich is still treating with Roseville Physical Therapy and with Richard Harty, P.T. Richard Harty’s March physical therapy will cost $360.00. Roseville Physical Therapy costs approximately $120.00 per visit; she is scheduled for approximately five more weeks with at least two visits per week. Therefore, the cost will be at least $1, 200.00.
On January 31, 2007, Ms. Rich was examined by orthopedic surgeon, Howard Shortley, M.D. In his report Dr. Shortley discussed in part Ms. Rich's condition and future medical:
“It is unlikely that Ms. Rich will improve in the future. Given her current age of 55 years, she is likely to grow worse over time. Because of this it is possible that she will require further back surgery.
Source: www.sacramentopersonalinjurylawyerblog.com
Freeway Construction Accident Kills Worker
Most people understand that serious injuries can occur throughout Arizona at construction sites, but many people do not realize how many injuries occur to construction workers doing freeway construction. Many construction workers injured on the job in Arizona do not realize that a skilled Phoenix personal injury lawyer can help them receive compensation in addition to the workers comp claim people may encourage them to bring. The extra compensation allowed under Arizona injury claims can be life-changing to many people who have suffered serious injuries. These injuries are not limited to Arizona, and they happen all over the country.
For instance, a 53-year-old construction worker was killed in a freeway construction site accident after he was run over by a flatbed truck, according to this news report. The construction accident death occurred April 15, 2009 when workers were dismantling and loading a crane onto a flatbed truck. Somehow, the worker fell under the wheels of the flatbed truck and got run over.
Freeway construction site accidents risk being at an all time high in Arizona in the coming years due to the increase in the number of freeway construction projects here. Increased freeway construction activity in Arizona may be attributed to the regional sales tax from Proposition 400, which provides funds for the state's improved freeway network. However, this increase in construction projects means the potential for more construction site accidents.
There are many reasons why these accidents can take place. The use of heavy machinery and equipment on a job site can cause dangers to workers who may be injured because of slip and fall accidents, falling equipment, flying debris, faulty scaffolding, auto accidents or defective/malfunctioning products.
If you have been injured in an Arizona freeway construction accident or have lost a loved one as a result of such an accident, please call the experienced Arizona construction accident lawyers at Breyer Law to find out how we can help you pursue your legal rights. Our experienced attorneys will take you through what can be a tough, confusing and complicated process and work hard to ensure that you receive fair compensation for your injuries and loss. Call us today at 480-753-4534 to schedule your free consultation.
Source: www.arizonaconstructionaccidentlawyerblog.com
Construction Company Fined for Lax Enforcement of Safety Standards
When it comes to finding a construction injury lawyer in Arizona, it is important to look for the best Arizona injury lawyer you can find. Construction sites include so many hazards to the workers that can be missed by lawyers that do not have a certain level of experience in this area of the law. For instance, pain and suffering, lost wages, medical bills, and other claims may all be paid by another subcontractor on a job site if they violated OSHA and were negligent in causing the injury to the other person on the job. Many lawyers do not realize there are claims above and beyond Arizona workman’s comp claims. OSHA is active throughout the US, and their investigations are sometimes revealing.
The U.S. Occupational Safety and Health Administration (OSHA) has accused a company of failing to properly protect workers at a job site and is considering levying fines of nearly $181, 000 according to an article. OSHA claims that the Construction Company has been cited for 13 violations of construction safety standards. They claim that the company failed to protect workers adequately from falls at the construction site, drowning and other hazards at the construction site.
An inspection in December conducted by OSHA personnel found that workers at the site were exposed to possible falls up to 43 feet into the river without fall protection on unprotected or inadequately protected sections of the bridge they were working on. Inspectors also found that workers were using an access ladder of inadequate height on the site. Additionally, inspectors found that workers faced additional drowning risk on the construction site due to lack of ring buoys, life jackets and no rescue skiff on the worksite in case a worker fell into the river.
C. William Freeman, OSHA’s area director, said, “The significant hazard of a four-story plunge was exacerbated by the lack of required lifesaving rescue equipment. While it's fortunate no fall or drowning occurred, the potential for a fatal or serious accident was real and present at this jobsite."
It is very unfortunate and dangerous for workers, but many Arizona construction companies also fail to provide adequate work site protection for their workers and workers for other subcontractors. Even under the best of circumstances, construction sites are dangerous workplaces. But when proper safety measures, training and equipment are not provided by construction companies, the risk of catastrophic injury or construction accident death in Tuscon is greatly enhanced.
If you or someone you care for has been injured or killed in an accident at a construction site, the experienced Tucson construction accident lawyers at Breyer Law Offices, P.C., may be able to help. Their personal injury attorneys have helped countless injury and accident victims and their families over the years, and can answer any questions victims may have after an accident has occurred. To schedule a free consultation with experienced Arizona construction accident law firm, Breyer Law Offices, P.C., call them today at 602.978.6400.
Source: www.arizonaconstructionaccidentlawyerblog.com
Vicious Dog Attack Leaves Sacramento Woman Injured, Part 5 of 7.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
At the time Ms. Rich was examined by Dr. Shortley, it was Dr. Shortley’s opinion that surgery was “almost a medical certainty.” However, since that appointment Ms. Rich was examined by Praveen Mummaneni, M.D. with the Department of Neurological Surgery at UCSF. Dr. Mummaneni is recommending surgery. In his report it states:
“Assessment and Planning: The patient, who is a pleasant, 55-year-old right-handed woman presented to my office today at the UCSF Spine Center with complaints of postoperative low back pain radiating down her left leg. Her leg pain supersedes her back pain, and review of her postoperative lumbar MRI with and without contrast, as well as her lumbar CT with post-myelogram CT revealed a recurrent left L4-5 nucleus pulposus. Postoperatively the patient has failed conservative therapy in the form of formal physical therapy with injections. In accordance with the patient’s wishes, she wishes to undergo a reoperative left L4-5 diskectomy. I have gone over the indications, risks, benefits, and alternatives including death, and I have recommended that we obtain a new MRI with and without contrast prior to scheduling surgery. Once this is obtained, we will proceed with a reoperative left L4-5 microendoscopic diskectomy. In the interim, I have instructed her to notify me immediately should any problems arise beforehand that warrant my attention.
Dr. Mummaneni’s records are referenced herein.
Ms. Rich has a pre-surgery consult and MRIs at UCSF on March 11, 2007. Dr. Shortley in his previously quoted report estimates the cost of future surgery to be $125, 000.00. Plaintiff will miss additional time from work.
Source: www.sacramentopersonalinjurylawyerblog.com
Female Sacramento Attorney Viciously Attacked By Dog, Part 7 of 7.
V. ECONOMIC DAMAGES
Past Economic Damages:
Meridian Resource Company $ 21, 454.67
Valley MRI & Family Imaging Center $ 1, 306.80
Central Anesthesia Medical Group, Inc. $ 100.32
Northern California Cardiology Associates Med. Grp. $ 32.00
Mark Hambly, M.D. $ 658.26
Jeff Jones, M.D. $ 2, 693.00
Randall Armstrong, MD $ 220.00
Roseville Memorial Hospital $ 1, 079.27
EMPI $ 73.75
HealthCare Clinical Laboratories $ 406.00
Sutter General Hospital (deductible) $ 1, 508.13
Ramnick Clair, M.D. (estimate) $ 1, 200.00
Roseville Delta Emergency Physicians $ 354.92
St. Joseph’s Medical Center $ 6, 461.25
Smallie Chiropractic $ 944.35
Roseville Physical Therapy $ 1, 186.00
Richard Harty, P.T. $ 270.00
Prescriptions $ 1, 595.57
Total Past Medical $ 41, 544.29
Past Wage Loss $ 67, 465.56
Future Wage Loss $ 674, 655.60
Total Wage Loss $ 742, 121.16
Richard Harty, P.T. $ 360.00
Roseville Physical Therapy $ 1, 200.00
Surgery $ 125, 000.00
Medication $ 41, 760.00
Physical Therapy $ 50, 112.00
Total Future Medical $ 218, 432.00
TOTAL ECONOMIC DAMAGES $ 1, 002, 097.45
Copies of her bills are referenced herein.
Please note, Ms. Rich's wage loss and medical damages are increasing weekly.
VI. PUNITIVE DAMAGES
As discussed above, defendant, Paul Stevens, had already signed a document acknowledging the subject dog Franz was a vicious dog that had to be restrained. Despite this and with a conscious disregard for the safety of others, Paul Stevens permitted the dog to run free and attack Ms. Stevens.
We have sued Mr. Stevens for punitive damages. As you know, punitive damages, if awarded, must be paid personally by Mr. Stevens. It will not be paid by his insurance.
A failure by Allstate Insurance Company to settle this case will expose Mr. Stevens to financial ruin.
Source: www.sacramentopersonalinjurylawyerblog.com
Vicious Dog Attacks Woman In Sacramento, Part 3 of 7.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
Post-operatively, Ms. Rich has not done well. She has continued to have left foot drop, right and left foot pain, weakness, and numbness. She has taken numerous medications to control her pain level. She had a lumbar MRI on June 4, 2006. She had a lumbar myelogram and lumbar CT on June 19, 2006. The lumbar CT showed the following impression:
“Status post left laminectomy defect at L4-L5. Small area of protrusion of the disks at the L4-L5 level on the left which appears to compromise the left L5 nerve root. This may represent a disk fragment extending posterior and inferior at the L4-L5 level on the left.”
A copy of the CT and myelogram are referenced herein.
Ms. Rich has undergone a series of treatments both before and after her surgery. Jeff Jones, M.D., has performed the following procedures on Ms. Rich:
April 3, 2006 “Epidural steroid injection.”
May 3, 2006 “Epidural steroid injection.”
November 2006 “transforaminal epidural steroid injection at theL5 neuroforamen of the left…a selective nerve root block”
December 20, 2006 “pulsed radiofrequency lesioning of the dorsal root ganglion and the L5 nerve on the left.”
January 17, 2007 “L2 left sympathetic block.”
January 23, 2007 “L2 lumbar sympathetic block on the left.”
Dr. Jones’ records are referenced herein.
Plaintiff treated with Roseville Physical Therapy. She was treated for over 50 visits with a reduced charge in 2006. As of 2007, Ms. Rich has been charged full price for her treatment. She is continuing treatment two to three times per week. Those records are referenced herein.
Source: www.sacramentopersonalinjurylawyerblog.com
Sierra Ski Resorts Deal With Multiple Deaths And Tragedies
As it prepares to celebrate the 50th anniversary of hosting the Winter Olympics, a tight-knit Sierra Nevada ski community is mourning another loss in an unusual string of tragedies this season.
A skier's deadly collision with a tree Thursday at California's Squaw Valley USA resort is the latest in the series that involves two other skiers killed in avalanches and nine deaths in all.
Off the slopes, a shuttle bus crash killed a resort employee in April, and three young women hoping to get seasonal jobs died of carbon monoxide poisoning in December while sleeping in a car just outside the resort.
Extreme skier Shane McConkey of Squaw Valley died in March while jumping off a cliff with a parachute in Italy. And Dave Pedersen, the resort's race services director, died of cancer in February.
"To say this has been a year of tragedy is an understatement, " said Savannah Cowley, a resort spokeswoman. "It has been tragedies that have really, really struck our community. This is unprecedented as far as the grief this mountain has gone through."
Pete Bansen, Squaw Valley's fire chief, said he can't recall as many different kinds of fatalities in his 30 years in the resort community.
The avalanches – one killing ski patrol member Andrew Entin, 41, in March, and the other killing Randall Davis, 21, of Tahoe City, in December – were especially rare for Squaw Valley, he said. They were the first inbounds avalanche fatalities at the resort since 1963.
Source: www.sacramentopersonalinjurylawyerblog.com
Roseville Child Born With Catastrophic Brain Injury, Part 8 of 11
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
LIABILITY:
Regional Medical Center: Hospital nursing personnel fell below the standard of care in the following areas:
1) Regardless whether Ms. Cruz or the breech patient arrived at the hospital first, once the second of the two arrived, hospital nursing personnel had a duty to obtain a third OR crew, which would, at a minimum, have necessitated phone calls to obtain a third anesthesiologist STAT. Assuming that the second OR crew was called for Ms. Cruz, as was suggested by the timing of Dr. U.'s call to house supervisor Nurse F., an OR crew had not been called for the breech patient which, under the circumstances was below the standard of care. The hospital made no provision for two simultaneous Cesarean deliveries under circumstances in which a scheduled surgery had also been planned. There were three operating rooms in the main OR, but the hospital only had 2 OR crews. No calls were ever made to obtain a third anesthesiologist, who was then available.
2) Failure to transfer Ms. Cruz directly to the main OR with fetal monitor and L&D nursing personnel at 9:20 am, and to monitor the patient at that location until surgery could begin, thereby avoiding the delay of delivery which occurred between 10:52 am and 11:15 am.
Further, at 9:34 am, the FHR baseline was noticeably smoother than it was at 9:10 am, which failed to get the attention of L&D nursing personnel or to form an additional basis on which to prompt immediate transfer to the main OR. There is nothing in the chart indicating that Dr. U. was ever made aware of these changes of the FHR.
Source: www.sacramentopersonalinjurylawyerblog.com
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