Personal Injury Litigation Blog

According to a Los Angeles Times article, a new federal safety regulation announcement reveals that at least 34 people have been killed within the last decade in Toyota auto accidents involving vehicles that allegedly accelerated out of control. Since the initial reports of 13 fatalities connected to the gas pedal issue were made public and the Toyota recall list was announced, the number of official motorist complaints’ filed has dramatically increased. These additional complaints of unintended acceleration have been pouring in to federal regulators and it is uncertain how many more incidents will be reported when all is said and done.

The new fatality report from the National Highway Traffic Safety Administration (NHTSA) includes 13 deaths reported since January 27, 2010, which was the day after Toyota put a hold on the sale and production of eight of its auto models in the United States. This was done in order to fix gas pedals that the automaker said can stick and cause unintended acceleration. Most of the reported incidents of fatal acceleration took place between 2003 and 2009, according to an analysis of the data by The Times. In addition, The Times found that all but one of the fatalities reported to NHTSA by motorists in 2010 actually took place in previous years. Some incidents even go back as far as 1992.

The complaints filed with NHTSA display accounts of Toyota and Lexus vehicles suddenly accelerating forward, colliding with other vehicles, buildings and pedestrians. Federal regulators reported that 22 people have been injured from Toyota unintended acceleration accidents, with injuries ranging from bruises and lacerations to a woman who was left in a coma due to a crash. A spokeswoman for the NHTSA stated, “It is normal for NHTSA to receive an increase in consumer complaints after a recall is announced…The agency is quickly gathering more data on all of these additional complaints to help guide our examination of sudden acceleration…as well as other safety issues.”

Toyota has resumed sale and production of the eight models that were previously put on hold to fix the gas pedal issue. Dealers are in the process of installing shims on gas pedals to fix what is being called a defect that could make the accelerator pedal stick.

The experienced Toyota gas pedal recall attorneys at the reputed personal injury law firm of Panish Shea & Boyle LLP are currently representing severely injured people in unintended acceleration accidents involving Toyota and Lexus vehicles. If you or someone you care about has been injured in a car accident with one of the recalled Toyota autos, our skilled auto product liability lawyers can help. Call Panish Shea & Boyle LLP today at 800-591-8116 to schedule a free case evaluation.

Source:http://www.latimes.com/business/la-fi-toyota-deaths16-2010feb16,0,481821.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fmostviewed+%28L.A.+Times+-+Most+Viewed+Stories%29

On Saturday, February 13, 2010, four people were killed in a multi-vehicle pile-up after a passenger car was sandwiched between two large tractor-trailers in Ontario, California. According to a Los Angeles Times report, the smaller passenger vehicle erupted in fire, and the four individuals inside, including two children, died at the scene. Three other individuals were injured, and the cause of the crash is still being investigated by the California Highway Patrol. The car accident took place on Interstate 15 in the Ontario area.

All traffic accidents are different; however, the repercussions stemming from collisions can often be similarly catastrophic for individuals involved and their families. Whether an auto accident involving a tractor trailer is caused by a defective auto part or a reckless truck driver’s failure to follow traffic laws, injured individuals or the family members of wrongful death victims may be able to seek compensation from negligent parties.

In May of 2008, the personal injury law firm of Panish, Shea & Boyle LLP helped a teenage boy receive compensatory damages of $15 million after a Southern California Gas Company-owned truck errantly ran a red light, striking the teenager’s family’s car. In this trial case, Tilton v. Southern California Gas & Electric, the young man received $10 million in past and future pain and suffering, $3.57 million in future medical expenses and $1 million in future loss of earnings in the jury verdict. Panish, Shea & Boyle LLP also obtained a record $21 million trial and jury verdict in October of 2009 in Michael Nelsen v. Hillyard, Inc., et al. for an Iraq War veteran hurt in a car accident caused by a negligent van driver employed by Hillyard, Inc. Mr. Nelsen sustained catastrophic injuries that rendered him incapable of caring for himself, and relegated him to 24-hour care for the remainder of his life.

If you have been injured or have lost a family member in a Southern California tractor trailer accident, the skilled truck accident injury attorneys at Panish, Shea & Boyle LLP can help. In their many achievements as a personal injury law firm, Panish, Shea & Boyle LLP have successfully represented clients in personal injury and wrongful death cases involving defective auto parts and negligent truckers. For more information about the unmatched success record of Panish, Shea & Boyle LLP, visit their website at www.psandb.com or call 800-591-8116 for a case evaluation of your auto accident.

Source:http://latimesblogs.latimes.com/lanow/2010/02/four-dead-in-pileup-on-interstate-15-in-ontario-.html

Separate from the continuing recall of 4.2 million Toyota and Lexus vehicles, Toyota announced a new recall on January 21, 2010 of 2.3 million vehicles for gas pedals becoming stuck without the presence of floor mats. The issue in the previous recall was attributed to loose floor mats; however, the problem with some of those vehicles may be connected to a flawed design of a computerized engine control system without emergency override. As a result of some vehicles suddenly accelerating out of control with or without a floor mat, several individuals have been killed or seriously injured. Toyota said there is an overlap of 1.7 million vehicles that are on the new and on-going recall list.

According to a money.cnn.com article, the new recall relates to certain accelerator pedal mechanisms mechanically sticking in a moderately depressed position or not returning to the idle position quickly enough. Although Toyota has said that this situation is rare, it may occur in worn accelerator pedal mechanisms or gradually over time.

As Toyota determines a solution to the gas pedal problem, owners have been told that they can keep driving their vehicles. In the event of the gas pedal sticking, drivers should apply force firmly and steadily upon the brakes instead of pumping the brakes. Vehicle owners with any questions can call the Toyota customer service line at 800-331-4331. The vehicles affected by the new recall include: 2009-2010 Toyota Rav4, Corolla, Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra and 2008-2010 Sequoia. The Camry Hybrid is not included in the new recall.

Anyone who has been injured or lost a loved one in a car collision caused by a fixed accelerator while driving one of the Toyota models mentioned above should contact the Los Angeles Toyota gas pedal recall lawyers at Panish, Shea & Boyle LLP. Their California auto product liability attorneys may be able to help you recover financial damages for your losses. Contact the California personal injury law firm of Panish, Shea & Boyle LLP today for a consultation.

Source:http://money.cnn.com/2010/01/21/autos/toyota_recall/

The only two people aboard a Royal Air cargo jet, tail number N720RA, have been killed in a Des Plaines plane crash on January 5, 2010. According to a Chicago Breaking News Center article, the tragic collision took place south of the Chicago Executive Airport in northwest suburban Wheeling. The bodies of the pilot and co-pilot of the Learjet were thought to be found amongst the debris, but they have yet to be identified. The plane is believed to have been empty and on its way to pick up cargo.

Apparently, the plane was cleared to land along runway 34 and was making a normal approach when it went down. The aircraft had departed from the Detroit area. The director of central services for Oakland County, Michigan stated that according to Royal Air, both men aboard the plane were experienced pilots. He said, “I understand they were both commercially rated, which means they were professional pilots, rated in that type of airplane and qualified to take that kind of flight.”

Although the cause of this fatal plane crash was not mentioned at the time the article was published, the senior safety investigator for the National Transportation Safety Board stated, “We will look at the systems, the structure, the engine.” The model 35A plane was manufactured by Gates Learjet Corp. and is a fixed-wing, two-engine craft with seating for 8 passengers and 2 crew members. It is also widely used by cargo companies after the passenger seats are removed. Considered to be one of the safest planes in the sky, a detailed investigation will establish whether a plane component failed, or if pilot error or poor maintenance contributed to the accident.

Family members of aviation wrongful death victims may be able to seek compensation for damages associated with the loss of a loved one. At Panish, Shea & Boyle, our aviation disaster attorneys have a successful track record of holding negligent parties legally responsible for causing wrongful death and catastrophic injury. To learn more about Panish, Shea, & Boyle’s many accomplishments in aviation and wrongful death litigation, please visit www.aviation-disaster-lawyers.com or call 1-800-591-8116 for a free consultation of your plane accident case.

Source:http://www.chicagobreakingnews.com/2010/01/plane-reported-down-in-forest-preserve-near-wheeling-airport.html

The LA Times has reported that three biologists from the California Department of Fish and Game have been killed in a helicopter crash in the Sierra National Forest. The crash which occurred on January 5, 2010 also appears to have claimed the life of the pilot. The biologists were conducting deer surveys in a wooded, remote area near Fresno and the Madera county line.

Authorities stated that the crash took place south of Redinger Lake, California and the explosion following the crash has resulted in a fire. A Madera County Sheriff’s spokeswoman said that the site of the fire is inaccessible, but moisture and light winds have prevented it from spreading rapidly.

At the time of the article’s release, information regarding what specifically caused the helicopter to crash was not provided. Our hearts go out to the families of these biologists and the helicopter pilot.

Helicopter crashes can be devastating and present life-altering consequences for injured victims and their families. Due to the nature of helicopters, many collision victims are either catastrophically injured or killed. A helicopter crash, like the one in the Sierra National Forest, can happen for a variety of reasons, some which can be attributed to negligence. The National Transportation Safety Board may determine that poor helicopter maintenance, human error, or flying with an unsafe load contributed to this helicopter accident in California. If this is the case, then qualifying family members of the deceased victims may be able to file a wrongful death claim. Other factors investigators may consider is whether the helicopter’s gearboxes, engines, or main rotor heads failed and why.

The trial attorneys at the law firm of Panish, Shea & Boyle have extensive experience holding potentially liable parties accountable in helicopter and aviation accidents. Our track record of success in wrongful death and aviation accident cases is unmatched and our helicopter crash attorneys have the knowledge and experience to help helicopter injury victims and their families throughout the state of California and beyond. We understand the many tragic affects a helicopter crash may impose upon a family, which is why we are dedicated to helping our clients receive full and just compensation for their loss and financial difficulties. To learn more about Panish, Shea & Boyle’s many achievements in aviation law, please visit www.aviation-disaster-lawyers.com or call 1-800-591-8116 for a free consultation of your case.

Source:http://www.latimes.com/news/local/la-me-sierra-crash6-2010jan06,0,1206170.story

More than 40 people have been injured in an American Airlines airplane crash.  Flight #331 from Miami skidded across a runway in Jamaica on the night of December 22, 2009. With 148 passengers and a crew of 6 onboard, the Boeing 737-800 airplane experienced heavy turbulence throughout the flight, and then uncontrollably slid along the tarmac in the heavy rain while landing. According to a report, U.S. investigators will determine whether or not the plane should have been landing in such inclement weather, even if other planes had landed safely in the downpour.

Approximately 44 people were transported to hospitals complaining of injuries like back pains and broken bones while four were considered seriously injured. Although two of the accident victims were admitted to the hospital, American Airlines said that nobody endured life-threatening injuries. In relaying what happened aboard the plane, one passenger stated, “All of a sudden, when it hit the ground, the plane was kind of bouncing…someone said that plane was skidding and there was panic.” Apparently, the aircraft came to a halt along a grassy embankment just 10 to 15 feet from the Caribbean.

The result of the skidded impact of the landing caused the left landing gear to crush and the fuselage to crack open in two “significant” spots, separating both engines from the plane. An airline spokesman said that as a safety measure, the engines are designed to separate from the wings during an accident.

The devastating consequences of a crash landing can be catastrophic and leave innocent passengers with serious injuries that may take months, if not years, to fully recover from. In the most tragic of aviation disasters and crash landings, some passengers may be killed, leaving their families to mourn and cope with the loss of a loved one in addition to financial hardship.

The skilled aviation disaster attorneys at Panish, Shea & Boyle have the experience, knowledge and resources to successfully navigate the complicated world of aviation law. Our attorneys have successfully represented clients injured in accidents that were the result of  mechanical failure due to the use of defective or improperly maintained airline equipment as well as accidents that were the result of errors made by pilots or aviation staff. Our track record of success in aviation accident litigation is well established and can be viewed on our website. If you have been injured in a plane accident or crash landing, contact Panish, Shea & Boyle for a case consultation or visit our aviation accident website for more information on how the trial attorneys at Panish, Shea & Boyle can help you.

Aviation Accident Website: http://www.aviation-disaster-lawyers.com/.

A recent article from scientificamerican.com reported on a serious hospital error that has left residents of Los Angeles and citizens throughout the United States shocked and questioning the standard of care provided by hospitals and medical professionals, as well as the quality of medical devices. According to the report, health care workers at the Los Angeles Cedars-Sinai Medical Center are responsible for an error that was made when resetting a computed tomography (CT) scanner. As a result, 206 patients who underwent an x-ray CT scan received eight times the normal dose of radiation during brain scans over an eighteen month timeframe. Shockingly, this mistake remained unnoticed from February 2008 until this August after a stroke patient notified the hospital that he had experienced significant hair loss after having a scan.

Apparently, the CT scan had to be re-set to override the preprogrammed instructions and accommodate new protocol for CT brain perfusion scans so that doctors could properly examine any disruptions in the flow of blood to brain tissue and diagnose strokes. As it turned out, the use of this protocol caused the amount of radiation to be eight times higher than the expected dose.
There is no doubt that radiation exposure is a serious issue, and there is no excuse for hospital professionals to make a mistake that puts trusting and innocent patients at risk of radiation overdose, nor is it acceptable for a defective medical device to go unnoticed by its manufacturers or be used on patients by doctors.

As the skilled CT scan radiation exposure attorneys at Panish, Shea & Boyle, LLP continue to monitor the inaccurately calibrated and potentially defective GE CT scan machines, we advise anyone who has experienced radiation overdose from such machines to contact our firm. Our lawyers are well-versed in product liability, medical malpractice, personal injury, and pharmaceutical litigation, lending us the wide range of legal experience and knowledge that you need to successfully obtain compensation that you deserve from negligent parties. For more information about defective CAT scanners , or if you or a loved one has experienced any ill-effects from such scans, please call Panish, Shea & Boyle, LLP at 1-800-591-8116.

Source:http://www.scientificamerican.com/blog/post.cfm?id=hospital-error-leads-to-ct-scan-rad-2009-10-13

Yaz and Yasmin, a popular form of oral contraception, has recently been scrutinized for findings that show those who use the Bayer Pharmaceuticals drug open themselves up to a variety of health problems that can even lead to death. Although neither Yaz nor Yasmin has been officially recalled by the Food and Drug Administration (FDA), numerous studies have shown that, while users of any birth control pill increase their chances of experiencing health complications, users of Yaz and Yasmin have an even greater chance of experiencing serious health problems. The reasoning for the increased danger in using Yaz and Yasmin lies in one of the active ingredients that they both incorporate.

Specifically, both Yaz and Yasmin contain a hormone known as drospirenone (DRSP). The majority of other birth control pills do not use this hormone, and for good reason. DRSP has been linked to a variety of health ailments. DRSP may increase potassium levels in a Yaz or Yasmin users, and, for those individuals that either have or are susceptible to liver, kidney, or adrenal disease, increased potassium levels can create additional health problems. Users of Yaz and Yasmin have also been documented as suffering from deep vein thrombosis, commonly known as a blood clot. In fact, a study in the Netherlands showed that those individuals that use Yaz or Yasmin increase their odds of suffering from a blood clot by a whopping 6.3 times (although it should be noted that all birth control pills increase blood clot probability, just not as much as Yaz and Yasmin do). Blood clots can be deadly, and those individuals that experience blood clotting as a result of using Yaz and Yasmin may not be able to recover in some instances. Furthermore, Yaz and Yasmin users have also been known to suffer from heart attacks and strokes, both of which may have been caused by the presence of DRSP in Yaz and Yasmin.

The FDA did issue a letter of warning to Bayer Pharmaceuticals, but it doesn’t appear as though the pharmaceutical giant is putting much stake into the warning. As of October 22, 2009, the Bayer website is displaying an article about a study that shows that all methods of oral contraception increase the probability of blood clots occurring in users. This issue, for all intensive purposes, has never been challenged by those afflicted by health ailments resulting from Yaz/Yasmin use. Rather, and what Bayer is failing to point out, is that while the percentage of increased risk of blood clots for those users of Yaz and Yasmin may be comparable to other birth control bills, it is still greater than those birth control pills nevertheless. Bayer, essentially, recognizes that their product is more dangerous than others but is choosing not to make any sort of change to its product.

Yaz and Yasmin use may lead to complications that can result in heart attacks, strokes, and pulmonary embolisms. Even if the risk of injury is only slightly higher than other birth control pills, Yaz and Yasmin have still been shown by studies to increase the likelihood of serious ailments occurring. The Yaz and Yasmin side effect attorneys at Panish, Shea & Boyle are monitoring the Yaz & Yasmin drug situation and are currently investigating Yaz & Yasmin side effect complaints. We represent clients throughout the U.S., as well as globally, and are available 24 hours a day, 7 days a week. Call Panish, Shea & Boyle today at 800-591-8116 for more information about your Yaz or Yasmin personal injury case.

According to a recent report by the Canadian Broadcasting Corporation, the helicopter wreckage from the August 8, 2009 mid-air crash that took the lives of nine people was recently found and excavated from the Hudson River.  Recovery teams have also located the plane involved in the helicopter crash, and are working towards recovering the aircraft from the murky waters of the Hudson.  According to Debbie Hersman, chief of the National Transportation Safety Board (NTSB), “…hopeful they’ll be able to pull up” the plane soon.

The wreckage of a helicopter is lifted by crane from the Hudson River. (Seth Wenig - AP)

The small plane was carrying only two passengers in addition to the pilot, while the helicopter was carrying a total of six people, pilot included.  All but two of the bodies have been recovered.  Both pilots were experienced, and pre-existing medical conditions that may have contributed towards causing the crash were not known to afflict either.  According to the NTSB, “the investigation into the crash is expected to take months.”

Though there has not yet been official word as to the cause of the aviation accident, it was reported by witnesses that the plane clipped the helicopter with its wing, thus causing the pilots of both aircraft to lose control.  It has been widely criticized that the airspace over the Hudson River is not monitored well enough, and that the probability of accidents occurring is relatively high as a result.  Furthermore, according to the NTSB, federal oversight of helicopter tours is not rigorous enough, and it can therefore be speculated that this lax regulatory watch may have contributed to causing the accident as well.

The attorneys at Panish, Shea & Boyle are monitoring new developments regarding this air disaster as they unfold. Our skilled Los Angeles aviation disaster attorneys have experience handling cases involving charter plane accidents, private plane accidents, commercial airlines and helicopters. We have taken leadership roles in high profile aviation disaster cases and have the resources and knowledge to handle yours. For more information, please contact the Los Angeles personal injury lawyers at Panish, Shea & Boyle at 1-866-992-1700.

MSNBC reports in an article that the Montana charter plane crash on Sunday killing all 14 passengers was built to hold just ten people. The National Transportation Safety Board (NTSB) at first said they thought the plane could hold eleven people. The plane left Oroville, CA headed for Bozeman, MO when the pilot altered its course to Butte without reporting to traffic controllers about any mechanical issues.

According to the story, Mark Rosenker, acting chairman of the NTSB said that investigators have yet to discover if the plane was over its weight limit; however, the public has no reason to conclude that overloading was the reason for Sunday’s fatal aviation disaster.

Seven of the fourteen victims in this tragic plane accident were children under the age of ten. Passengers were going to a family vacation of skiing at a renowned Yellowstone Club.

“We were going on a vacation with all the grandkids,” said Irving M. “Bud” Feldkamp, who lost two daughters and their families in the accident. “They were all excited about skiing.”

Feldkamp, his wife, and another daughter had driven to Montana for the vacation. He leased the airplane that crashed into the Butte, Montana cemetery.

It is terrible what the victims of this plane accident had to endure and our sincere regards go out family and friends during this very difficult time. No matter what investigators determine the cause of the plane accident to be, these families not only face emotional struggles to cope with, but may also suffer financially as well. When a wrongful death occurs, you need someone who can effectively investigate the private plane crash and aggressively pursue your interests in court.

If you have been injured in a private plane accident or if someone you care about has been killed due to an aviation disaster in California, it is in your best interest to contact a skilled California aviation disaster attorney as soon as possible. The law firm of Panish, Shea & Boyle is well equipped with experienced lawyers knowledgeable in the complex areas of aviation law and have worked on plane accidents around the world involving helicopter crashes, charter plane crashes, and private plane crashes. Call us today for an evaluation of your case.