Personal Injury News: Pick Of Last Month: January-2024

Seattle has agreed to pay $10 million to 50 demonstrators who sued over the police department’s heavy-handed response to racial justice protests in 2020, in a settlement announced by attorneys from both sides.
 
The protesters were among tens of thousands who rallied downtown and in the Capitol Hill neighborhood for weeks following the killing of a man by Minneapolis police — a period that saw Seattle’s police department abandon its East Precinct building as well as the establishment of the “Capitol Hill Occupied Protest,” a six-block zone taken over by protesters.
The police department used aggressive techniques to disperse the crowds, including flash-bang grenades, foam-tipped projectiles and blast balls that explode and emit pepper gas.
 
At some points during protests, people in the crowds did cause damage, including burning police cars and trying to set a fire at the East Precint. But a federal judge ordered the department to stop using chemical and other weapons indiscriminately against peaceful demonstrators.
 
When police used tear gas even after the mayor and police head promised they would stop except in life-threatening cases, the City Council voted unanimously to bar officers from using tear gas, pepper spray and several other crowd control devices — a decision that was overturned by a federal judge.
 
Among the plaintiffs in the lawsuit was a woman who was standing in the middle of a street before a phalanx of officers in riot gear when a blast ball hit her in the chest and exploded, causing her to go into cardiac arrest. Volunteer medics and other protesters performed CPR and brought her to a hospital.
 
Others included a teenager whose finger was partially blown off, a disabled veteran with a cane who was tear-gassed and tackled and dozens who suffered hearing loss, broken bones, concussions, severe bruises, PTSD or other injuries, according to the lawsuit.
 
The case involved more than 10,000 videos, including police body-worn camera recordings, and hundreds of witness interviews.

An Oregon jury has granted $85 million to nine victims of the 2020 wildfires, marking a significant development in legal proceedings that could hold utility company PacifiCorp responsible for billions in damages related to the deadly blazes.
 
This decision adds to the mounting legal challenges PacifiCorp faces over its alleged liability for the catastrophic wildfires that swept through the state.
 
Attorneys representing the plaintiffs expressed their pride in the strength and resilience of their clients, thanking the jury for holding PacifiCorp accountable. PacifiCorp, on the other hand, expects post-verdict rulings and insurance payments to reduce its share of the verdict to just under $80 million, according to a company statement.
 
While acknowledging the undeniable tragedy of the 2020 wildfires, PacifiCorp emphasized its commitment to settling reasonable claims for actual damages under Oregon law. The company stated that the threat of wildfires to communities and businesses is a substantial challenge that extends beyond any single company or industry.
 
The 2020 wildfires in Oregon were devastating, ranking among the state's worst natural disasters. The blazes claimed nine lives, consumed over 1,875 square miles, and destroyed over 5,000 homes and structures. In June of the previous year, a jury found PacifiCorp liable for damages, citing negligence in failing to cut power despite warnings from fire officials. The power lines were identified as a contributing factor to multiple blazes. PacifiCorp appealed this decision.
 
The damages awarded in this recent verdict apply to a broader class of plaintiffs, with further trials anticipated in February and April. PacifiCorp also reached a settlement last month, agreeing to pay $299 million to resolve a lawsuit brought by 463 plaintiffs affected by separate wildfires in southern Oregon during Labor Day 2020.

Albany County has paid $1.2 million to settle a wrongful death lawsuit brought by the mother of a 39-year-old Laramie resident who was shot and killed in 2018 by a sheriff's deputy with a controversial history.
 
The settlement, previously confidential, was revealed as officials cited potential harm to the public to justify releasing the documents. The lawsuit stemmed from an incident where the then-Albany County Sheriff's Deputy shot the unarmed victim twice in the back during a traffic stop for a minor violation on November 4, 2018. The victim, who was grappling with mental illness, lost his life in the encounter. As part of the settlement, the county also committed to providing mental health intervention training for deputies.
 
The deputy, with a history marked by three fatal police shootings and past allegations of assaulting a videographer leading to his dismissal from the Las Vegas Police Department, faced no charges in the 2018 incident. The Albany County Prosecuting Attorney declined to pursue charges in 2019.
 
Following the incident, the woman filed a federal wrongful death lawsuit in September 2020, leading to a settlement in May 2022 after nearly two years of legal proceedings. Subsequently, Albany County sought clarity from the Second District Court in Laramie on its obligation to release the settlement agreements.
 
Apart from the $1.2 million settlement for the man's estate, the agreement mandated the Albany County Sheriff’s Office to make "reasonable efforts" to sustain crisis intervention training for deputies. This program aims to enhance law enforcement responses to mental health crises, potentially preventing future tragic incidents.
 
The released settlement documents shed light on the county's financial resolution and commitment to proactive training measures in the aftermath of a controversial and tragic event.

The family of an Army wife and mother of three is poised to receive $9.5 million as part of a settlement in a medical malpractice lawsuit.
 
The legal action stems from a gastric bypass surgery the 31-year-old woman underwent at Tripler Army Medical Center in November 2020, following childbirth.
 
The lawsuit contends that an error occurred during the initial surgery, with surgeons reattaching her small intestines backward, resulting in a subsequent hernia. Three days later, emergency surgery was required to address the hernia, during which anesthetists allegedly damaged the woman's lungs, leading to blood clots.
 
Doctors treated the clots with medication, inadvertently causing substantial micro-hemorrhages in her brain. Over the subsequent six weeks, her health deteriorated, ultimately culminating in sepsis, and she passed away on December 16, 2020.
 
The $9.5 million settlement aims to provide redress for the alleged medical lapses contributing to this tragic sequence of events.

The New Mexico Children, Youth, and Families Department has agreed to a $5.5 million settlement in a lawsuit arising from the wrongful death of an eight-year-old girl, as outlined in a settlement agreement filed in the First District Court.
 
The lawsuit, filed in 2022 by attorneys representing the child's estate and surviving sibling, alleged wrongful death against CYFD. The complaint claimed that CYFD officials neglected their duty to provide a safe home for the children and placed them with their father, despite months-old statements from the children about his abuse. In August 2020, the girl's father was convicted of intentionally abusing her, resulting in her death, and tampering with evidence. He received a mandatory life sentence.
 
The children had entered state custody following the sudden death of their mother, their sole caretaker, in 2020. The complaint argued that CYFD disregarded the children's reports of abuse by their father before placing them in his care in Carlsbad. The agency had previously investigated the family twice before the children entered state custody.
 
Despite knowledge of the father's history and past harm reports, CYFD placed the children in his care, according to the complaint. Under the terms of the settlement agreement, the law firms representing the child's family will receive $4.8 million, with the remaining funds allocated to various recipients, including the surviving sibling.
 
The $4.8 million will be placed in a trust managed by the law firms, and after deducting legal fees, the remaining amount will be placed in another trust for the surviving family member, as directed by the court. The settlement, like most, releases CYFD from all claims made in the civil lawsuit.
 
A spokesperson for CYFD expressed condolences for the tragic death of the child, stating that she deserved a happier and safer childhood. However, the agency did not directly address the systemic failures highlighted in the civil complaint or mention any new practices implemented to prevent similar tragedies in the future.

NorthShore University HealthSystem in Illinois has agreed to pay $55 million to settle a long-standing consumer class-action lawsuit in U.S. federal court, bringing an end to over a decade of litigation related to its 2000 merger with Highland Park Hospital, a suburban Chicago rival.
 
The settlement follows extensive evidence collection and aggressive legal disputes over allegations by individuals who paid for NorthShore's services. The plaintiffs claimed that the hospital, now operating as Endeavor Health, abused its market power, allowing for inflated prices. 
 
The lawsuit, initiated in August 2007 and following a related Federal Trade Commission (FTC) action, accused NorthShore of antitrust violations.
Endeavor Health, formerly NorthShore, reached a settlement in principle with the plaintiffs' attorneys in November, culminating in a $55 million all-cash settlement. The resolution, subject to court approval, comes after 16 years of contentious litigation. A trial, originally scheduled for January 9, was averted by the settlement.
 
Endeavor Health, in a statement, emphasized Highland Park Hospital's vital role in the Chicago-area community and expressed relief that the resolution allows them to focus on providing exceptional care. Despite the settlement, NorthShore maintains its denial of any wrongdoing and does not admit liability.
 
The plaintiffs sought damages for NorthShore consumers who allegedly faced overcharging for services. The lawsuit paralleled an FTC order in 2004, which found the NorthShore-Highland Park Hospital merger in violation of antitrust laws. The FTC resolution mandated the establishment of separate negotiating teams for inpatient and outpatient services at both Evanston and Highland Park.
 
As part of the settlement, the plaintiffs' lawyers plan to seek approximately $18.3 million for legal fees from the settlement fund. The settlement, when approved, will bring closure to a protracted legal battle over the alleged anticompetitive practices stemming from NorthShore's merger with Highland Park Hospital.

On May 12, 2018, the victim woman was riding through Tilden Regional Park when she crashed her bike on a poorly paved, potholed section of Grizzly Peak Boulevard.
 
She suffered serious injuries from the crash, including paralysis. The woman and her husband filed a lawsuit against Oakland alleging that the road’s crumbling conditions caused the crash.
 
The Oakland City Council voted to settle the lawsuit by agreeing to pay $6.5 million, partly to cover the lady's medical expenses. The amount ties another recent lawsuit settlement as the highest in recent history due to unsafe road conditions. 
 
In December, the City Council approved a $6.5 million settlement to resolve a lawsuit filed by a 57-year-old East Bay resident who in 2020 was thrown from his bike when he hit a dangerous pavement seam on MacArthur Boulevard. The resident fractured vertebrae in his spine and suffered other serious injuries. 
 
Over 500 lawsuits filed by pedestrians, cyclists, and drivers between 2014 and 2023 have cost Oakland about $35 million, according to an Oaklandside analysis. 
 
The city pays for these settlements partly through a self-insurance liability fund that has a yearly budget of about $60 million. Most of this money comes from the city’s general purpose fund. Oakland will pay $3.5 million of the total $6.5 million in the current case. 
 
Some residents told the City Council during their meeting on that the city should conduct an analysis to figure out why it is sued so often over its streets. “$6.5 million dollars tonight based on a pothole,” one frustrated person said. 
 
A Department of Transportation analysis in 2022 found that the main cause of crashes that have seriously injured or killed people is inadequate investment by the city in its infrastructure. To reduce its liability and make roads safer, the city has a long-term paving plan that focuses on patching potholes and resurfacing the worst roads and sidewalks.

The Los Angeles County Board of Supervisors has agreed to a $1.75 million settlement with a woman from Pico Rivera who accused sheriff's deputies of conducting two unlawful cavity searches while searching for drugs. The woman filed the lawsuit in 2018 and went to trial in 2022, but both parties decided to settle before the jury rendered a verdict.
 
The allegations involved an incident in 2017 when deputies, along with a probation officer, executed a search warrant at a residence in Pico Rivera. Several people, including the woman and her two young children, were present. According to the lawsuit, deputies threatened the woman with a cavity search if she didn't agree voluntarily. A female deputy allegedly performed the search twice, first using her hands and then with an "unknown object," resulting in a bleeding injury.
 
Despite the substantial settlement, one of the woman's attorneys expressed dismay that the county did not take disciplinary action against the involved employees. He stated that the deputies should have faced criminal charges, emphasizing his belief in the severity of the incident.
 
The Los Angeles County Sheriff’s Department clarified that the deputies implicated in the lawsuit were not terminated, and the department rejected any liability during the trial. In an official statement, the department maintained that a settlement doesn't constitute an admission of liability but helps avoid the significant costs and time associated with prolonged litigation.The probation department, which had an officer present during the searches, chose not to comment, and attempts to reach the involved deputies were unsuccessful.
 
In their incident report, the deputies claimed the woman was uncooperative and suggested she might be hiding contraband. They admitted discussing the possibility of a cavity search but denied conducting one. The deputies alleged finding drug-related items in the woman's possession, leading to her arrest. However, it was only after her booking that another deputy noticed her injuries and arranged for medical care.
 
The woman filed lawsuits in both state and federal courts, with her legal team dropping the federal case and proceeding to trial in state court. The county faced allegations of negligence, assault and battery, unreasonable search and seizure, and unconstitutional practices. The settlement was approved by the Board of Supervisors, and the case is set to be formally dismissed in court in the coming month.

The City of Concord has reached a $22 million settlement with a man wrongfully convicted in 1976.
 
Officials said the man spent more than 44 years in prison for “a crime he did not commit.” “We are deeply remorseful for the past wrongs that caused tremendous harm to the man and his family, friends, and our community,” the city said in a statement. “He suffered the extraordinary loss of his freedom and a substantial portion of his life because of this conviction.” The city said it takes responsibility for the wrongful conviction, and is “doing everything in |LS|its|RS| power to right the past wrongs.”
 
The man was convicted of first-degree rape and burglary on Oct. 1, 1976. He was released decades later on Aug. 31, 2020. A U.S. District Court ordered that his two life sentences be vacated days before the charges were dropped.
 
About 30 years after the man's conviction, his attorneys learned that investigators had tested more than a dozen pieces of evidence and had hidden the results. The United States Court of Appeals for the Fourth Circuit held that the man's due process rights were violated by the suppression of material, favorable evidence at trial.
 
“Hopefully incidents like this can be avoided,” the plaintiff said after his release in 2020. “If you see injustice being done against somebody, then speak out against it. Speak out, if you don’t then hate it, hate it with all your heart.”
 
In its statement, the city continued saying it hopes the community can “move forward while learning valuable lessons and ensuring nothing like this ever happens again.” The city admitted to “significant errors in judgment and willful misconduct by previous city employees.”
 
Previously, the plaintiff reached a $3 million settlement with the NC State Bureau of Investigation (SBI). The total $25 million in settlements is the second-largest ever recorded following a wrongful conviction.