Recent Blog Posts in February 2010

Last week, state officials launched an investigation to determine why residents at a Chapel Hill nursing home tested positive for pain medication they should not have been taking.

A team from the Nursing Home Licensure Section of North Carolina’s Division of Health Service Regulation was sent to Britthaven of Chapel Hill to gather information about drugs administered to Alzheimer’s patients.

According to WRAL, three Alzheimer’s patients were taken to UNC Hospital after they started acting unusual. The hospital, concerned the patients were over-medicated, contacted the police, regulators from the Department of Health and Human Services, and Britthaven. The patients’ blood tests showed there appeared to be drugs in their systems they hadn’t been prescribed.

After the incident, Britthaven then tested all of its Alzheimer’s patients. Of the 25 patients, six tested positive for opiates and three of those six had to be hospitalized. One of the patients who was hospitalized passed away, but it was not reported whether she died from the drugs or from another cause.

The team of inspectors from the Nursing Home Licensure Section is still awaiting lab results to determine what medications could have contributed to the opiate levels found in the patients. Jeff Horton, head of the Division of Health Service Regulation , says some of the medications the patients were taking could cause false positives for opiates.

Britthaven says it is taking the appropriate steps to ensure the safety of its patients, and has replaced some of the medications and dietary supplements it was previously giving patients. Britthaven also tested each staff member of the Alzheimer’s Unit for drugs. All tested negative, but for now remain on paid leave.

Over-medication is a common form of nursing home abuse and is often committed against patients suffering from diseases such as Alzheimer’s and dementia. Over medicating, also called chemical restraint, can be a common mistake, but sometimes is done intentionally to control a patient’s behavior. If you think your loved one has been overmedicated in a nursing home, and you fear his or her safety is at a risk, an experienced North Carolina nursing home abuse attorney at Lanier Law Group can help. To arrange a consultation to discuss your legal options,  contact the office today by calling 1-888-CONSULT!

A roof collapse at a church construction site has left two workers injured and one worker dead.

The accident occurred February 17 when construction crews were working on the roof of Mount Vernon Baptist Church in Sampson County. While on the roof, the roof’s support system gave way, causing the roof to collapse.

According to someone working at the construction site, the workers were removing 2x4s while replacing them with new ones. Every time a board was removed they could hear a sound, until suddenly half of the structure collapsed.

Out of the three injured workers, one succumbed to his injuries at the site. The other two workers were airlifted to a hospital for treatment. Although the extent of their injuries hasn’t been disclosed, it’s likely the men are suffering from at least moderate, if not severe injuries. They were allegedly trapped under the debris until emergency workers could pull them out.

At this time the cause of the accident has not yet been determined. Wind could be a factor, but OSHA is planning to conduct a formal investigation.

Neither the injured workers nor the family of the deceased worker have filed a lawsuit yet.

At the Lanier Law Group, we offer experienced personal injury representation to people who’ve been injured in construction accidents. Construction sites are widely considered one of the most dangerous places to work, as there are many inherently unsafe conditions at any given time. You can trust an experienced North Carolina construction accident lawyer at our firm to help you seek workers’ compensation benefits, as well as pursue a personal injury lawsuit if it can be proven that a third party somehow contributed or is at fault for the accident.

Contact Lanier Law Group today to set up a FREE consultation to discuss your rights and options!

A New Jersey man suffering from inflammatory bowel disease after taking the drug Accutane has been awarded $25.16 million in a personal injury settlement.

Andrew McCarrell, 38, filed a lawsuit against the drug’s manufacturer, Roche Holding AG, after being diagnosed with inflammatory bowel disease. McCarrell claims that he got sick in 1995 from taking the drug, and since then has had to undergo five surgeries, including one to remove his colon.

McCarrell claims that Roche failed to adequately warn consumers of the risks associated with taking the drug. Roche extended its sympathies to McCarrell, but said that the company, “acted appropriately in providing information about Accutane, including a direct warning about inflammatory bowel disease, to the medical, scientific, and regulatory communities.”

The jury sided with McCarrell, awarding him $25 million in compensatory damages and $159,000 for past medical expenses.

One of the jurors, Vince Packer, agreed that the drug wasn’t property labeled. “It was all about the wording on the label. It didn’t give a clear-cut explanation as to what you can get by taking this drug. That’s my issue—was it properly labeled?”

A police officer with the Highland Park Police Department in Michigan is standing trial for using excessive force against an inmate.

The incident occurred in November 2007 after 33-year-old Veretta Burnett was taken into police custody after getting into a fight with her neighbor. Burnett claims that while she was at the city’s mini-station Stevenson handcuffed her to a cage and positioned her as if she were hanging from a cross. Then, with a pair of leather gloves, Stevenson started to repeatedly punched Burnett in the face until she began bleeding profusely. Burnett also claims that, despite her injuries, Stevenson left her standing handcuffed to the cage, bleeding and in pain for hours. In her lawsuit, Burnett also claims that Stevenson wouldn’t let her use the restroom and refused to get her medical attention until the next morning.

Burnett’s attorney compared what happened to Burnett to be as traumatic as getting raped.

Stevenson said she never hit or punched Burnett, but several officers at the station backed up Burnett’s account.

According to Highland Park Police Chief Theodore Cadwell II, the department is currently conducting an internal investigation into the matter, but for now Stevenson still works for the department.

Unfortunately, police brutality continues to occur around the country. If you are victim of police brutality in North Carolina, an attorney at Lanier Law Group can help. A North Carolina personal injury lawyer at our office would be happy to assist you in pursuing a lawsuit against the officer who assaulted you, as well as against the department and the city or country the officer worked for. To learn more about your legal options and rights to compensation, please contact Lanier Law Group to schedule a consultation.

Drivers of commercial vehicles, such as trucks or buses, are prohibited from texting while driving, pursuant to a federal law that went into effect last month.

Following the September 2009 Distracted Driving Summit, U.S. Transportation Secretary Ray LaHood announced his department’s plan to purse necessary actions and lawmaking to reduce accidents and injuries caused by distracted driving.

Any commercial driver who violates the law by texting while driving can expect to face both civil and criminal penalties of up to $2,750.

Countless studies have shown that texting while driving significantly increases a driver’s chances of getting into an accident. Research from the Federal Motor Carrier Safety Administration found that drivers who send, receive, and read text messages while driving end up taking their eyes off the road for 4.6 out of 6 seconds. If a driver were traveling at 55 mph, that would equal traveling the length of a football, including the end zones, without ever having looked at the road. The FMCSA’s research also found that distracted drivers are more than 20 times more likely to be involved in an accident than a person who is paying attention to the road and their surroundings.

Emergency Medical Services were called after an escalator in a crowded mall malfunctioned, consequently injuring five people.

The Emerald Square Mall in Attleboro, Massachusetts was particularly busy that day due to a scheduled performance by Disney Channel star Selena Gomez. Witnesses say Gomez was preparing for her next performance when droves of fans raced towards her, some of whom were running up a nearby escalator to reach the third floor where Gomez was performing.

As the fans were running up the escalator, the escalator suddenly began to reverse its direction. This naturally caused people to lose their balance and, according to witnesses, an avalanche of people fell backwards to the second floor.

Three of the 5 people injured were treated by paramedics at the scene, but two were transported to a local hospital.

Police are still conducting an investigation to determine what caused the escalator to malfunction. Depending on the police’s findings, the victims may have grounds to file a premises liability lawsuit against the mall. Premises liability laws state that property owners are responsible for making sure their grounds are safe at all time, which includes making sure any equipment on the property is in good working order. If it is discovered that the mall owner failed to properly maintain the escalator, the victims could stand to recover compensation for their medical bills, lost wages, and pain and suffering.

For more information about filing a premises liability lawsuit, please contact Lanier Law Group to arrange a consultation with an experienced North Carolina personal injury lawyer.

A Charlotte-Mecklenburg school bus was en route to Whitewater Middle School when it was rear-ended by the truck last Tuesday, February 9 ^th.

Emergency medical services quickly responded to the scene and transported those who were injured to nearby hospitals. It is believed 11 of the 12 injured people were students on the bus, but fortunately none of the injuries sustained by any of the victims were life-threatening. At this time it is still unknown whether or not the truck driver was injured in the accident.

Also unknown is what caused the truck driver to rear-end the school bus. Was he distracted by a hand-held device? Did he experience brake failure? Was he changing the radio? Was he simply not paying attention? Accident investigations are currently underway.

A medical malpractice lawsuit filed against a Texas hospital has resulted in a $1.3 million jury verdict for the victim’s family.

The lawsuit was filed against Christus St. Mary Hospital in Port Arthur, Texas by the family of 41-year-old Stacy Meaux. The lawsuit claims the hospital was negligent in its treatment of Meaux, who died of a heart attack hours after coming to the hospital’s emergency room.

The Jefferson County jury found both the hospital and Dr. Michael Peterson to have committed “willful or wanton negligence” in treating Meaux. The exact details of what transpired while Meaux was at the hospital have not been disclosed.

Although the jury awarded Meaux’s family $1.3 million in damages, a medical malpractice cap will limit the amount of damages awarded for pain and suffering to $250,000 per defendant.

If you have suffered an injury due to doctor or hospital malpractice, or if you believe your loved one was killed as a result of medical malpractice, you may have legal grounds to pursue a lawsuit against the responsible party. An experienced North Carolina medical malpractice attorney at Lanier Law Group can help you exercise your rights to recovery by guiding you through the claims process and aggressively prosecuting your claim for the largest possible settlement.

To learn more, please contact Lanier Law Group today to schedule your FREE consultation!

A Florida man has filed a personal injury lawsuit on behalf of his son, a Cape Coral police officer who was critically injured in an accident involving an SUV.

Damien Garcia suffered massive head injuries when his police motorcycle was hit by a Lincoln SUV, driven by Josephine Peirce.

The lawsuit, filed by Garcia’s father Enrique Caballero, names both Peirce and her husband, Thomas Pierce, as defendants.

The lawsuit seeks $15,000 in damages, the amount needed to file the case in circuit court. But according to Caballero’s attorney Marc Brumer, the case will exceed $50 million in damages.

The Pierces are denying negligence, according to their attorney, Bryan Reynolds. Reynolds said Garcia may actually be partially or totally at fault for the accident.

All motorcyclists are at risk of sustaining catastrophic injuries in the event of an accident, especially if the accident involves a large vehicle like an SUV. If you or a loved one was injured in a motorcycle accident, and you believe another driver was at fault, you should take a moment to consult a knowledgeable North Carolina car accident attorney at Lanier Law Group. An attorney at our office can review the circumstances leading up to the accident to determine whether or not you have grounds to file a personal injury claim. If it is believed another person or entity is at fault for the accident, we can help you pursue a lawsuit for maximum compensation.

The family of a Houston woman who died after crashing into a cement wall has filed a wrongful death lawsuit against Toyota.

The husband of Trina Renee Harris, 34, filed his lawsuit against Toyota Motor Sales U.S.A, gas pedal maker CTS Corp., and Fred Haas Toyota World, the dealership that leased Harris the 2009 Corolla.

The lawsuit describes how Harris died on impact after being unable to stop her car. An investigation found no skid marks on the street where the accident occurred, indicating the brakes in Harris’ vehicle were likely defective.   

In November, Toyota recalled nearly 3.8 million vehicles due to problems with the floor mats and the accelerator, and then last month announced it would be recalling another 2.8 million vehicles to fix a mechanical problem with the cars’ accelerator. The 2009 Corolla was included in that recall.

Harris’ husband, Michael Harris, said he remembers his wife telling him that the car’s accelerator would sometimes move on its own. Harris is seeking $200 million in actual and punitive damages for what he believes is gross negligence on the part of Toyota. 

“I want those who were negligent to be held responsible. This problem was there before Dec. 18 when she died,” said Harris. “I'm extremely angry for my children. She won't be there for the prom. When they get married, she won't be there.”

It is believed Harris’ suit is the third wrongful death lawsuit against Toyota prompted by the acceleration problem.

A spokesperson for Toyota said the company does not comment on pending litigation, and a manager at Fred Haas Toyota World said they haven’t seen the lawsuit yet. CTS Corp has not made any comments.

If you or someone you know has been injured or killed due to a defect with a Toyota or Lexus vehicle, you may have grounds to file a lawsuit. The attorneys at Lanier Law Group have extensive experience in this area of law, and can provide you with the skilled and resourceful representation needed to pursue a product liability and/or wrongful death lawsuit against the appropriate parties.

To schedule a free consultation with a North Carolina personal injury lawyer at Lanier Law Group, contact the office today by calling 1-888-CONSULT!

After experiencing complications following a transplant surgery, two brothers are suing both UMPC and the hospital’s chief of transplantation for medical malpractice.

The brothers, 45-year-old Peter Cullen and 42-year-old Timothy Cullen, came to the hospital to undergo a liver transplant. Timothy Cullen served as a donor to his brother Peter who has been suffering from liver disease. In separate lawsuits, the brothers claim the hospital and Dr. Amadeo Marcos failed to fully disclose all of the dangers and risks associated with the surgery.

This isn’t the first time patients experienced health complications following a transplant surgery performed by Dr. Marcos. A recent study examining Dr. Marcos’ surgeries found that 66% of the 121 live donor transplant recipients he treated experienced some type of significant complication.

Both men, who are now suffering from complications due to the surgery, are seeking an unspecified amount in damages.

If you or a loved one is a victim of surgical malpractice, you should take a moment to consult a knowledgeable and well-practiced North Carolina medical malpractice attorney at Lanier Law Group. The firm has ample experience handling malpractice claims, and can help you pursue a lawsuit against the doctor or hospital responsible for your condition.

To learn more, please contact Lanier Law Group today by calling 1-888-CONSULT!

A class action lawsuit may soon be filed in connection with a January 25 Cleveland home explosion that damaged 57 buildings nearby.

A lawsuit was filed against Dominion East Ohio Gas Co. and EZ Access Funding, an investment company based in California. The lawsuit is blaming the two companies for a gas leak that resulted in a home explosion.

According to the lawsuit, EZ Access ignored its responsibility to maintain the home, which has been vacant since last summer. The lawsuit also alleges that Dominion failed to ensure the gas was shut off after residents complained they could smell a natural gas odor four days before the explosion.  

Gerald Walton, the attorney representing EZ Access, said his client is not to blame for the explosion. He said his client was completely unaware that utilities were being supplied to the home and that they never authorized the gas or any other utilities to be turned on.

Attorney Scott Kalish is representing the owners of three of the homes that were damaged, as well as a dozen other people who rent properties in the area. He believes there could be up to 60 additional property owners and 80 additional renters affected by the explosion. He also says that four people suffered minor injuries in the blast.

Kalish is hoping to classify the lawsuit as class action.

In response to concerns that Americans may be exposed to too much radiation during medical tests, the National Institute of Health (NIH) is planning to start monitoring how much radiation patients receive each time they undergo a CT scan or any other procedure that requires electronic imaging.  

Two studies have raised concerns about the amount of radiation patients accumulate throughout their lifetime. One study in the Archives of Internal Medicine estimates that radiation exposure during medical testing and other procedures contributes to 29,000 cases of cancer and 14,500 deaths every year. A second study published in the Archives claims the problem could be even worse, suggesting patients receive up to four times more radiation from imagining tests than was originally thought. The study also mentions that children are more vulnerable to the exposure because their bodies are still small and growing.

The NIH will not monitor exposure caused by machine malfunctions or mistakes, which only accounts for a small percentage of radiation overdoses.

NIH says hospitals rarely record how much radiation a patient receives. Doses tend to vary depending on the patient’s size, the number of scans that need to be performed, and the size of the area on the body that needs to be scanned.

NIH doctors will now start recording the radiation dosage and include that information in records patients can take with them. However, t he NIH doesn’t treat enough patients to fully measure such risks alone, which requires data from hundreds of thousands of patients. For this reason, the NIH is hoping other doctors and hospitals will start monitoring radiation levels, so they can pool data from multiple institutions and compare the risk of cancer between patients who received high radiation exposure versus low radiation exposure.

A Florida man has filed a personal injury lawsuit on behalf of his son who was critically injured after his motorcycle was hit by a SUV.

The lawsuit was filed by Enrique Caballero on behalf of his son, 26-year-old Damien Garcia.

Garcia, who is on the Cape Coral police force, suffered a massive head injury when his police motorcycle was struck by a Lincoln SUV. The lawsuit was filed against the driver of the vehicle, 51-year-old Josephine Pierce, and her husband, Thomas Pierce.

The lawsuit is seeking $15,000 to cover attorney fees and court costs. However, when all is said and done the amount of damages being sought is expected to exceed $50 million, according to Caballero’s attorney Marc Brumer.

The attorney representing the defendants says his clients are denying negligence in the accident.

In January, Toyota Motor Corp. issued a massive recall of millions of its vehicles after a class action lawsuit was filed against the corporation. The lawsuit claims that several Toyota models have a faulty electronic throttle-control system that could cause the vehicle to accelerate suddenly without input from the driver and against the driver’s intentions.  

Last week, Toyota said it would immediately stop the sale of new models of the Camry, Avalon, RAV4, and Tundra, some of the company’s top-selling vehicles.  So far, the company has recalled the following models:

• 2009-2010 RAV4 crossover
• 2009-2010 Corolla
• 2009-2010 Matrix hatchback
• 2005-2010 Avalon
• 2007-2010 Camry
• 2010 Highlander crossover
• 2007-2010 Tundra pickup truck
• 2008-2010 Sequoia SUV

The class action lawsuit claims these aren’t the only models consumers should be concerned about. Allegedly several other models are at risk, including:

• 2007-2008 FJ Cruisers
• 2003-2008 Tacoma pickup truck
• 2002-2009 Camry
• 2000-2009 Tundra pickup truck
• 2001-2009 4Runner SUV
• 2001-2009 Land Cruisers
• 2005-2009 RAV4s
• 2001-2009 Sequoias SUV
• 2004-2009 Sienna van
• 2005-2009 Corollas
• 2004-2009 Highlanders
• “Lexus models" from 1998 to 2009

None of the company’s Lexus models have been recalled yet.

The lawsuit also claims that Toyota, as Toyota Motor North America, deceptively concealed numerous consumer complaints regarding acceleration incidents that lasted more than one second or if the driver couldn’t stop the acceleration after applying the brakes.

Toyota Motor Corp., as well as its North American and West Virginian subsidiaries, have all been named as defendants in the lawsuit.

Staples Inc., an office supply store that serves clients throughout the U.S. and around the world, was the target of a class-action lawsuit that claims the retail giant wasn’t complying with federal and state labor laws.

The company settled the lawsuit for $42 million, but a court must still approve the settlement.

The class-action lawsuit claimed that Staples, Inc. wasn’t paying its assistant store managers for overtime work they performed. The lawsuit was filed on behalf of more than 5,500 current and former employees, which includes claims dating back as far as 2002.

Jeffrey Gottlieb, one of the plaintiff attorneys that worked on the case, cited an example of an assistant manager who worked 50-hour weeks on multiple occasions, but was never compensated for overtime. Gottlieb argued that the plaintiffs didn’t have the duties and responsibilities of management, and therefore should have been entitled to overtime. 

Staples made a statement, saying the company is committed to fair and respectful treatment of all employees, that it believes it is in full compliance with both state and federal labor and employment laws. The company said it agreed to settle to “avoid further distraction from litigation” that has been on-going for  the last three years.

If you feel like you are being paid an unfair wage, or if you feel your employer is in violation of state and federal wage and overtime laws, an attorney at Lanier Law Group may be able to help. To learn more, please contact the office today by calling 1-888-CONSULT!

Pharmacists and pharmacy technicians are entrusted by millions of people to properly fill and dispense their medications. Nine times out of ten, there are never any problems. But unfortunately, every now and then a pharmacist or pharmacy technician makes a mistake or error that injures, harms, or kills the patient. This is referred to as pharmacy malpractice, and legal action can be taken.

There are several errors that can result in a pharmacy malpractice lawsuit, such as:

• Dispensing the wrong medication
• Giving a patient another patient’s prescription
• Dispensing a medication the patient cannot have, either because he/she is allergic to it or because it cannot be combined with another medication the patient is already taking
• Giving the patient the wrong dosage instructions
• Misreading the doctor’s handwriting, thereby dispensing a different medication than what was prescribed
• Making a mistake while compounding a patient’s medication

A study conducted by the Institute of Medicine found that as many as 1.5 million Americans suffer from adverse side effects or health complications due to pharmacy errors. If you or a loved one is suffering from a health complication or debilitating injury due to pharmacy malpractice, you should speak with a personal injury attorney who has experience handling malpractice cases about what your legal options entail. Generally, if you can prove the pharmacist had a duty of care, and that he/she breached that duty of care resulting in your harm or injury, you stand to recover damages for your medical bills, lost wages, pain and suffering, mental anguish, and decreased quality of life. 

At Lanier Law Group we have ample experience in North Carolina medical malpractice law, and would be happy to discuss your situation during a FREE consultation. Contact the office to schedule an appointment with a North Carolina medical malpractice attorney at Lanier Law Group today!