Personal Injury News: Pick Of Last Month: December-2023

One of Missouri's largest urgent care chains, Total Access Urgent Care (TAUC), has agreed to a $9.1 million settlement to resolve allegations of submitting false claims for medical services, including COVID-19 testing.
 
The settlement, announced by the U.S. Attorney's office in St. Louis, pertains to over two dozen TAUC clinics in the St. Louis area. The U.S. Attorney emphasized that the settlement aims to fully reimburse three federal health care programs for TAUC's alleged overbilling for COVID tests and office visits. Federal prosecutors asserted that TAUC utilized improper billing codes for COVID-19 testing claims submitted between April and December 2021, leading to inflated reimbursements.
 
Furthermore, from 2017 to 2021, TAUC was accused of falsely indicating physician participation in certain office visits that were overseen by non-physician practitioners. This misrepresentation allegedly aimed to secure higher reimbursement rates, as visits involving physicians typically receive elevated compensation.
 
In response to the settlement, TAUC stated that it cooperated fully with the investigation and highlighted improvements made to its compliance program. The company's commitment to addressing the allegations reflects an ongoing effort to ensure ethical practices and regulatory compliance within its urgent care operations.
 
The settlement underscores the significance of accurate billing and adherence to healthcare regulations in providing medical services.

In 2019, a man suffered a traumatic brain injury after a collision with a Sacramento County Sheriff’s deputy vehicle, leading to a $1 million settlement paid by Sacramento County.
 
The incident occurred in August 2019 at the intersection of Hillsdale Boulevard and Madison Avenue in North Highlands. The lawsuit, filed in July 2020 in Sacramento Superior Court, details that the deputy, emerging from the Trinity Christian School parking lot, entered the path of the plaintiff's vehicle without activating emergency lights or siren, causing the collision.
 
The plaintiff's vehicle struck the right side of the patrol car, resulting in not only property damage but also significant medical injuries for the plaintiff, including a traumatic brain injury, as outlined in court documents presented by the plaintiff's attorney.
 
Officials from the Sheriff’s Office and the county declined to comment on the settlement. The Sacramento Bee reported the settlement details after accessing the agreement, signed on August 1, through a California Public Records Act request.
 
The deputy involved in the incident remains employed with the Sacramento County Sheriff’s Office, earning a base salary of approximately $108,000, as revealed by a county employee roster. This information was also obtained by The Sacramento Bee through a Public Records Act request.
 
The settlement marks a significant development in the case, addressing the injuries and damages sustained by the plaintiff due to the 2019 incident.

In a recent ruling by a Western Kentucky circuit court judge awarded over $36 million in damages to the victims of the tragic 2018 Marshall County High School shooting.
 
The lawsuit, initiated in 2019 by several parties including the family of one of the two students killed, sought compensation from the shooter and his parents. Although the former superintendent of Marshall County Public Schools was initially a defendant, he was later exempted due to qualified immunity.
 
The judgment, documented on December 8, includes punitive damages as well as compensation for medical expenses, pain and suffering, and lost wages. The victims' lawyer, however, expressed skepticism about the likelihood of collecting these damages. The shooter, who was 15 at the time of the crime and sentenced to life in prison in 2020, has limited financial resources, as do his parents.
 
The primary intent of the lawsuit, according to the attorney, was to prevent the shooter or his family from profiting from the tragedy in the future through means such as book deals or media interviews. The legal action aimed to shield the families from further emotional harm caused by any potential financial gain by the shooter's family.
 
Nonetheless, the attorney acknowledged that no amount of financial compensation could truly make up for the loss suffered by the victims. She remarked that even a billion-dollar award would fall short of adequately compensating them for their profound losses.

PacifiCorp, a major utility provider, has agreed to substantial settlements totaling hundreds of millions of dollars over its alleged involvement in the catastrophic Oregon wildfires in 2020.
 
The company, owned by Berkshire Hathaway, filed a report with the U.S. Securities and Exchange Commission revealing a $250 million settlement with 10 timber companies. This agreement was to resolve a lawsuit linked to the Archie Creek Complex Fire in Southern Oregon.
 
Additionally, on December 5, PacifiCorp settled for $299 million in a separate lawsuit filed by Southern Oregon residents who lost homes and property in the same fire. These settlements have brought PacifiCorp’s total payouts this month to over half a billion dollars.
 
The lawsuit from the timber companies accused PacifiCorp’s subsidiary, Pacific Power, of negligence. Despite warnings from the National Weather Service over the Labor Day weekend in 2020, the company's employees allegedly continued to operate electrical equipment and failed to cut power. Moreover, the lawsuit claimed the utility did not adequately manage vegetation near power lines, which could have ignited due to high winds during that period.
 
In a statement, PacifiCorp acknowledged the tragedy of the wildfires and expressed its commitment to resolving the issue for the affected customers and communities. They emphasized the need for comprehensive solutions to prevent such catastrophic fires in the future.
 
A Texas-based law firm represented both the timber companies and individual property owners in these settlements. The firm's attorney highlighted the significant recovery of damages for Oregon's timber industry, which lost extensive timberlands in the 2020 fires. The attorney also commended PacifiCorp and Pacific Power for opting for settlements over trials.
 
Looking ahead, the attorney expressed a desire to collaborate with PacifiCorp, Oregon lawmakers, and utility regulators to establish a statewide risk pool for utilities. This proposed fund, akin to one created in California in 2019, would involve contributions from utility customers and utilities themselves before wildfires occur, providing faster compensation to victims and financial stability for utilities.
 
PacifiCorp's legal challenges from the 2020 wildfires are not yet over. In spring, the company faced trials where it struggled to convince jurors that its equipment was not responsible for wildfires in Western Oregon, resulting in around $90 million in damages to 17 plaintiffs. Further payouts are expected as related class action cases proceed next year, although PacifiCorp plans to appeal these decisions.
 
Additionally, Pacific Power is confronting several ongoing lawsuits. These include claims for its potential role in the 2020 Slater Fire near the Oregon-California border, allegations from Willamette Valley wine growers regarding smoke damage to their crops in 2020, and a recent lawsuit for its involvement in the 2022 McKinney Fire, which also occurred near the Oregon-California border, allegedly starting under a powerline.

A jury in Los Angeles County granted $61 million in damages to the parents of a Torrance high school baseball player who died in a car accident caused by two men involved in an aggressive, high-speed chase.
 
“The boy was deeply cherished by all who knew him, and his loss is a daily sorrow for his family and community,” stated the plaintiffs' lead counsel. “This verdict provides his family with some measure of relief as they cope with this inconceivable loss.”
 
The incident began when one defendant, driving an Audi in Torrance, collided with another defendant's car and fled. The second defendant, reportedly encouraged by a 911 operator to pursue the vehicle for its license plate number, engaged in a high-speed chase. This chase led to a collision with the plaintiff's minivan during a left-hand turn, resulting in the 16-year-old’s death.
 
The jury allocated wrongful death damages of $23,250,000 to the mother and $20,500,000 to the father, along with $16,000,000 for the father's injuries. Punitive damages of $2,000,000 were assigned against the first defendant and $18,000 against the second. The total compensation to the family amounted to $61,768,000, with the first defendant being held 95% responsible and the second 5%.

Jackson County in Missouri, the state's second-largest county, has agreed to a $1.2 million settlement with the parents of a 21-year-old man with mental health issues who died in custody at a local jail.
 
The settlement was approved by the Jackson County Legislature in Kansas City, related to an incident that occurred in 2021. According to a lawsuit filed by the man's parents, their son, who was experiencing mental health distress, repeatedly stated "I can't breathe" while being restrained by jail staff before his death in a restraint chair. The attorney representing the parents revealed that jail surveillance captured the events leading up to the young man's death, though this footage has not been released publicly.
 
The lawsuit implicated three jail guards and two healthcare companies contracted by the county. However, the settlement pertains solely to Jackson County, with the case against the two companies scheduled for trial in September.
 
The deceased was arrested on December 9, 2021, after reportedly shooting through his apartment door in Kansas City, mistaking imagined intruders for real ones. He informed the police about his lack of sleep over several days, hallucinations of demons, and his ongoing detox from alcohol. Despite these mental health concerns, the lawsuit claims that he did not receive a mental health evaluation upon being booked into the Jackson County Detention Center on December 10.
 
The lawsuit describes the man's deteriorating condition in the jail, where he was allegedly left in a cell without food or water for eight hours, exhibiting unusual behaviors such as conversing with imaginary people and eating toilet paper. Later that evening, jail staff entered his cell and subdued him as he screamed about his inability to breathe and feeling as though he was dying.
 
He was handcuffed, dressed in a "suicide smock" designed to prevent self-harm, and strapped to a restraint chair. Despite his complaints of breathing difficulties, the lawsuit states that he was not examined at the nurse's station and was later found unconscious in his cell. He was moved to another cell while still unconscious, and subsequent attempts to resuscitate him were unsuccessful. He was declared dead at a hospital.
 
In response to the incident, a spokesperson for the Jackson County Sheriff stated that the safety and well-being of all inmates remain a priority, but declined further comment due to the ongoing litigation.
 
The same attorney had previously represented the family of another man who died in 2017 in the jail's restraint chair, a case in which Jackson County settled for $150,000. In that instance, the death was ruled accidental due to drug intoxication.
 
Jackson County is the second most populous county in Missouri, home to around 717,000 residents, trailing only St. Louis County with approximately 998,000 residents.

In a landmark case in Pima County, a jury awarded a woman $5.3 million in a medical malpractice lawsuit, regarded as the largest such verdict in the county in five years.
 
The plaintiff, a resident of Oro Valley, suffered life-altering consequences due to a surgical error. The lawsuit involved Northwest Allied Physicians and a specific doctor, with the jury reaching their decision after a week-long trial. The victim underwent shoulder replacement surgery at Oro Valley Hospital in September 2020, but the procedure resulted in a catastrophic error. The surgeon mistakenly tied off her axillary artery and neurovascular bundle, leading to the amputation of her arm.
 
Despite the substantial financial compensation, the woman expressed that no amount could adequately compensate for the loss of a limb and the resulting loss of independence. Simple tasks like washing hair, using a shampoo pump, or opening a water bottle became challenging for her.
 
Her attorney highlighted that the doctor had admitted liability before the trial. The victim, grappling with the ongoing challenges posed by the surgical error, voiced her desire for accountability. She hopes the surgeon faces appropriate consequences, such as license revocation or mandatory further education, to prevent similar incidents in the future.
 
While the trial has concluded, the woman's journey towards recovery continues. She is exploring the possibility of getting a prosthetic arm, although the extent of her upper limb's functionality remains uncertain and requires further testing.
 
As of now, Northwest Allied Physicians has not issued a public statement regarding the lawsuit or its outcome. The case stands as a significant example of the ramifications of medical errors and the quest for justice and accountability in the healthcare sector.
 
The woman's experience underscores the profound impact such incidents can have on a patient's life, far beyond the financial implications.

Three cities in the East Bay, California, have agreed to a $3.4 million settlement with a young woman who sustained a brain injury after being struck by rubber bullets during the George Floyd protests in 2020.
 
This settlement is notably the largest known sum resulting from the Bay Area protests three years ago. The cities involved in the settlement are Walnut Creek, San Ramon, and Pleasant Hill.
 
In April, the parties reached an agreement on the settlement amount, but the woman, now 27, has only recently decided to share her story. Recalling the incident, she expressed that what happened to her was unjust and should never occur to anyone.
 
Walnut Creek, one of the cities involved, contributed $100,000 to the settlement without admitting any fault. The specific contributions of San Ramon and Pleasant Hill remain unclear, as city officials did not respond to inquiries.
 
In response to the incident, Walnut Creek stated that it has revised its crowd control procedures for large protests. The city has ceased using tear gas and expanded its non-lethal arsenal to include bean bag shotguns, bola wraps, and improved Tasers.
 
The woman, who was injured during the protest, joined the event in Walnut Creek with the intention of documenting it and providing aid, including medical assistance. She was equipped with first aid supplies, snacks, and a camera, aiming to ensure everyone's well-being.
 
The protest escalated around 6 p.m. when police announced a curfew and warned that tear gas and non-lethal rubber bullets would be used on those who did not disperse. The woman's memory of the events that followed is unclear. She recalls attempting to leave the area, navigating through tear gas and chaotic scenes with loud noises and smoke.
 
She distinctly remembers being struck in the forehead by a rubber bullet while moving towards downtown Walnut Creek, an experience that left her temporarily unable to see or hear.
 
Walnut Creek's statement indicated that the protest had become disorderly, with some participants throwing objects at officers and others blocking traffic on Interstate 680. The police responded by firing sponge rounds at a man who had thrown a tear gas canister at them, and it's believed one of these rounds hit the woman, causing her brain injury.
 
The woman, still uncertain about the identity of the officer who shot her, was eventually assisted and taken to a hospital by her father. Initially diagnosed with a concussion, she later discovered she had a brain bleed. This injury has had lasting effects on her cognitive abilities, affecting her memory, organizational skills, and clarity of thought. She shared a photo of her injury, showing severe bleeding above her eye, a stark portrayal of the incident's severity.
 
Currently, the woman is living with her family, caring for animals, and contemplating her future, including the possibility of becoming a paralegal. She acknowledges that her capabilities have been significantly altered by the incident, and she is unsure of her future potential.
 
Despite the substantial financial settlement, the woman emphasizes that no amount of money can compensate for the challenges and changes she has had to face as a result of the injury.

In a significant legal decision, a state Supreme Court jury awarded a $120 million verdict against Westchester Medical Center, setting a record for the largest medical malpractice award in the county's history.
 
This verdict stems from a medical incident involving a 41-year-old Elmsford man who suffered a stroke in November 2018. The plaintiff's legal representation contended that the hospital's lack of prompt diagnosis and treatment resulted in severe and irreversible brain damage. Consequently, the victim now requires permanent residency in a facility specializing in brain injuries, rendering him unable to lead an independent life or provide for his family.
 
This substantial compensation from the jury is intended to cover the man's ongoing medical care needs, compensate for his pain and suffering, and provide for his wife, recognizing her loss due to her husband's inability to contribute as before. The verdict reflects the gravity of the medical center's alleged negligence and its life-altering impact on the patient and his family.
 
As of now, Westchester Medical Center has chosen not to publicly comment on the jury's decision.