Mon, 12/20/2021 - 08:17
On December 4, a federal civil rights trial, conducted via zoom, ended in a man's favor after the city of Tacoma agreed to pay him $8 million for being shot by a police officer during a car chase in 2011.
According to the lawsuit filed, the tragic incident occurred on October 12, 2011, when the man was being chased by a caravan of police cars for driving with his headlights off. During the 15-minute chase, the man who had a suspended license and had consumed cocaine drove at 25 mph to 35 mph and said that he wanted to reach home as his wife needed the car for work.
An officer used his SUV as a roadblock to halt the man and shot 10 times into the side and back of the man's SUV, which struck the man three times. The incident left the man paralyzed, and his legs had to be amputated.
The attorney representing the man said that the Tacoma Police Chief acknowledged the violation of policies by the department during the chase, which also included escalating a low-level situation. The attorney further added that the family was exhausted by nine years of litigation trying to get the case into the courtroom.
Previously, the 9th U.S. Circuit Court of Appeals refused immunity to the officer, stating that there was no reason to began shooting as the man did not pose any threat, but left the final decision to be made by the jury.
The city will pay nearly $2.6 million from the settlement, and the remaining will be covered by the insurance company.
Mon, 12/20/2021 - 08:14
Lawsuits involving hundreds of patients who alleged a now-retired Munster doctor and healthcare providers for performing and billing unnecessary cardiac procedures have been settled for $66.5 million.
The settlement announcement was made by two law firms from Indianapolis and Merrillville, but the terms of the settlement were maintained confidential.
In October 2014, the Indianapolis-based law firm had announced that 20 medical malpractice lawsuits were filed against the doctor and his associates at Cardiology Associates of Northwest Indiana P.C. (CANI) and Community Hospital of Munster.
The defendants were already facing a whistleblower complaint in the Indiana Northern District Court, which got settled without adjudication of liability. The number of claims later grew to nearly 300, with each asserting the same underlying issue.
The multi-million-dollar settlement announcement brought an end to the long-running litigation against the northwest Indiana cardiologist and his associates. However, the scale and specifics of the allegations against the defendants have been stated to be difficult to distinguish.
The settlement amount also includes a partial payment by the Indiana Patient's Compensation Fund. It covers malpractice claims beyond the limit of $250,000 and up to a statutory cap of $1.25 million.
One of the incidents included where the doctors unnecessarily elongated the process of medications for the victim who suffered from an electrical shock. The plaintiff filed a lawsuit with allegations against the defendants of implanting a pacemaker for unnecessary reasons and prescribing a substantial dose of heart medication for unclear reasons.
Another case alleged the defendants of implanting a defibrillator to prevent sudden cardiac death which was also an unnecessary attempt of the defendants to elongate the tenure of treatment. The plaintiff sued the defendants for $3 million in pain and suffering because of the implantation of the unwanted device.
Mon, 12/20/2021 - 08:11
A 2016 lawsuit involving eight acrobats who were injured in a circus stunt collapse in 2014 at the Dunkin’ Donuts Center floor reached a $52.5-million settlement.
According to the court memorandum, the tragic incident happened after forty-five minutes into the performance, which was witnessed by an audience of about 3,900 at the Dunkin' Donuts Center in Providence, R.I.
An investigation revealed that a snapped carabiner was found at the scene, which led to the accident. Eight acrobats of the Ringling Bros. and Barnum & Bailey Circus' Legends show Blue Unit crashed to the ground, and 11 others were injured, which included three ground personnel.
Two acrobats had severe spinal injuries that left them unable to walk, and others suffered broken bones and internal injuries. The 11 patients admitted at the Rhode Island Hospital in Providence had varying injuries.
The acrobats filed a lawsuit against SMG, the Pennsylvania-based company that manages the center, and RICCA, which owns the center. SMG was responsible for installing electrical feeds, cables, rigging, and other equipment, according to an agreement between SMG and Feld Entertainment Inc., the parent company of the Ringling Bros. and Barnum & Bailey Circus.
The lawsuit was presided by Superior Court Judge Brian Van Couyghen and the U.S. Department of Labor’s Occupational Safety and Health Administration imposed the maximum possible fine of $7,000 on Feld and referred to it as a serious infraction of industry practice.
SMG has filed a lawsuit against Feld, claiming that the incident arose from the company's negligence as it breached its contractual duty, and it asked to hold Feld legally and financially responsible for the fall.
Mon, 12/20/2021 - 08:09
On December 29, a lawsuit was transferred to federal court, which was initially filed in Taney County in November against Walmart and a tricycle manufacturer, Kent International.
According to the lawsuit filed, a Branson woman purchased a tricycle in December 2015 from the Walmart on Branson Hills Parkway. The tricycle was partially assembled, and a Walmart employee completed the assembly.
On April 4, 2016, the woman walked the tricycle on Cliff Drive in Branson and started riding it. While riding down the hill, the woman applied brakes, but the tricycle did not stop, and she had to turn abruptly to stop it.
The sudden halt resulted in a crash, and the woman suffered cuts and bruises along with a fractured tooth, broken nose, and traumatic brain injury.
The lawsuit states that the woman spent more than $40,000 in medical bills, and the brain injury causes severe headaches, making it difficult for her to learn new things, concentrate, see clearly, create new memories, and even speak.
The tricycle was later examined by engineers who determined that the brakes were not as per government standards. The suit alleges Walmart employees for improper training and asserts that they were under too much pressure to assemble bikes quickly.
Fri, 12/10/2021 - 08:53
On December 17, a press release was issued by the U.S. Environmental Protection Agency (EPA) and the Department of Justice announcing a proposed nationwide settlement with Home Depot U.S.A. Inc. to resolve violations of the EPA’s Lead Renovation, Repair, and Painting (RRP) Rule across the country.
The allegations were made by consumers from Illinois, Maine, Michigan, Minnesota, and Wisconsin who claimed that Home Depot’s contractors did no conduct lead-safe work practices and post-renovation cleaning as required by the EPA.
Following the complaint, the EPA conducted a comprehensive review of renovations performed by Home Depot, which unveiled that it sent uncertified firms to perform renovations that required certified and trained firms. Several instances were also identified in which Home Depot failed to establish, retain, or provide compliance documentation associated with specific contractors.
According to a consent decree filed with the District Court for the Northern District of Georgia, Home Depot is required to pay a fine of $20.75 million, which is considered to be the highest civil penalty obtained to date for a settlement under the Toxic Substances Control Act.
The penalty includes a $75,000 payment to Utah, a $732,000 payment to Massachusetts, and a $50,000 payment to Rhode Island. Additionally, a comprehensive, corporate-wide program is required to be implemented to ensure inspections by certified professionals, along with specialized cleaning and verification if necessary.
Public comment is being taken on the consent decree by the Justice Department, which has to be submitted within 30 days following the December 17 press release, and the same is subject to final court approval.
Lead paint poisoning can result in brain injury, seizures, developmental problems, mental disabilities and other life-long complications. It is also considered one of the most preventable diseases among young children.
Older homes and apartments are the hotspots for exposure to lead which the younger children might ingest purposefully or accidentally.
The U.S. Centers for Disease Control and Prevention (CDC) analyzed data from the survey conducted by the National Health and Nutrition Examination during the years 1999 to 2002 and 2007 to 2010. The data states that 2.6% of children i.e. 535,000 children from the age segment of 1-5 years are at high risk of adverse effects as they have a high level of lead in their blood.