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

In the case of an unarmed man who was fatally shot in the back by an Ohio sheriff's deputy, the estate of the victim is set to receive a $2.5 million settlement to resolve a federal lawsuit, as indicated in court records.

The family of the deceased individual initiated the lawsuit in 2020 in federal court in Akron, targeting both Carroll County and the deputy responsible for the shooting. The settlement is pending approval from a probate court judge.

Records from Carroll County's probate court show that the two parties reached an agreement in July, shortly after a U.S. District Judge determined that there was enough evidence for the case to proceed. Notably, a Carroll County jury had previously found the deputy not guilty of voluntary manslaughter in a 2021 trial, despite the fact that he had shot the man four times in the back.

The incident took place on November 16, 2019, when the deputy claimed to have recognized the man from an earlier encounter and knew he had an outstanding warrant for failing to pay child support. He pulled over a truck in which the man was a passenger, and what occurred next was disputed by both sides.

According to the deputy's testimony during depositions, the man initially assumed a fighting stance, and a scuffle ensued. The man then fled and appeared to reach toward his waistband, leading the deputy to believe he might be armed and pose a threat.

However, the only eyewitness to the shooting, a woman in the man's truck, provided a different account. She testified that the deputy immediately drew his gun and ordered the man to show his hands upon exiting his cruiser. The man complied, placing his hands out of the window. According to her testimony, the deputy forcibly removed the man from the vehicle and did not disclose the reason for the traffic stop, despite the man's inquiries. Subsequently, a struggle occurred between the two, with no physical blows exchanged, contradicting the deputy's claims of the man fighting him and attempting to seize his firearm.

The man managed to break free from the deputy's grasp and started running. The woman stated that the deputy then brandished his gun and issued a warning to stop or face lethal force before discharging his weapon nine times, striking the man in the left shoulder, upper back, and mid-back.

The critical element in the case was whether the deputy had a reasonable belief that the man posed a threat, particularly if the man reached for his waistband and turned toward the deputy. The judge also ruled that a jury could reasonably conclude that the deputy acted recklessly and should not be shielded by qualified immunity, a legal protection provided to public employees performing their duties.

Bayer-Monsanto must pay $1.25 million to a man who sued the company alleging he developed cancer from exposure to its Roundup weedkiller, a jury in St. Louis, Missouri found.

The lawyer for the plaintiff said the verdict broke a winning streak for the company, which had prevailed in the previous nine trials over Roundup. The lawyer said the trial was the first in which jurors heard evidence that other chemicals in Roundup besides its main ingredient, glyphosate, could cause cancer.

The verdict did not include punitive damages. "The client and plaintiff's lawyers are extremely happy and grateful for the verdict after a hard-fought 3 week trial," the lawyer said.

Bayer said in a statement that it will appeal. "We continue to stand behind the safety of Roundup and will defend the safety of our products and our good faith actions in any future litigation," the company said.

The plaintiff suing over Roundup, said he developed a type of cancer known as non-Hodgkins lymphoma. He is in remission from the disease, according to the lawyer.

Roundup-related lawsuits have dogged Bayer since it acquired the brand as part of its $63 billion purchase of agricultural seeds and pesticides maker Monsanto Co in 2018. The German conglomerate has said that decades of studies have shown Roundup and its active ingredient, glyphosate, are safe for human use.

Bayer settled most Roundup claims against it in 2020 for up to $10.9 billion, but still faces close to 40,000 Roundup-related cases. It has sought to challenge plaintiffs' ability to sue under state law before the U.S. Supreme Court, so far unsuccessfully.

In a civil trial in Mahoning County Common Pleas Court, the estate of a Columbiana County man has been awarded $7 million by a jury.

The jury held Alteon Health LLC. and a doctor, whose records indicate is now in West Virginia, responsible for the wrongful death of a 53-year-old Columbiana County man who passed away two days after receiving treatment at St. Elizabeth Health Center's emergency room on May 23, 2020.

The trial, presided over by a visiting judge and commencing on October 10, culminated in the jury's verdict. Alteon Health, a group practice with an office in Columbus, had merged with U.S. Acute Care Solutions in February 2022. The implicated doctor was employed by Alteon Health at the time of the man's death.

The original lawsuit initially named Mercy Health and another doctor who worked alongside the accused doctor in the emergency room during the man's initial visit. However, claims against them were dismissed with prejudice on October 4.

The doctor was included in an amended complaint filed in July 2021. The initial complaint, filed on March 19, 2021, was on behalf of the man, represented by the administrator of his estate. It alleged that the man had called paramedics on March 21, 2020, after vomiting blood and was taken to St. Elizabeth's emergency room, where he was examined by the accused doctor and the other doctor.

The lawsuit contended that the man had a history of gastrointestinal disease and lupus, with multiple instances of blood vomiting documented in his medical records. During his visit, blood work and X-rays were ordered, and he was instructed to discontinue his anti-inflammatory medication for back pain. Instead, he was advised to take a non-inflammatory medication for his back and given drugs for stomach and gastrointestinal issues. He was discharged a few hours later.

Two days later, the man began vomiting blood again and called paramedics. He was once more taken to the emergency room, where he ultimately passed away. The cause of death was attributed to cardiac arrest resulting from acute gastrointestinal hemorrhage.

The lawsuit argued that the doctors who attended to the man during his initial ER visit failed to conduct more extensive blood or diagnostic testing and did not consult with gastrointestinal specialists.

A trial brief submitted by the doctors' counsel stated that the man had received multiple physical examinations, lab tests, and X-rays before being discharged.

The jury awarded the man's estate $2 million for mental anguish and non-economic losses and $5 million for future losses, finding the defendants negligent in the man's care and that this negligence was a "proximate" cause of his death.

A teenager injured in a 2019 shootout between suburban Chicago police and a bank robbery suspect inside a music school has reached a $1.9 million settlement with the city of Des Plaines.

This agreement comes almost four years after the teen was accidentally shot by a Des Plaines Officer during the incident. The officer was pursuing an armed suspect who had previously shot another officer during a bank robbery in Des Plaines. The suspect sought refuge in Upbeat Music & Arts on Chicago's Northwest Side, and the officer entered, ultimately killing the suspect but also unintentionally injuring the teen, who was a 15-year-old intern at the school.

The bullet severely damaged the teen's left elbow, causing harm to an artery, nerve, and bone, jeopardizing his guitar-playing aspirations. The teen's parents filed a lawsuit in Cook County circuit court, asserting that the officer's actions were excessive and demonstrated reckless and willful conduct. The officer was not criminally charged, cleared by the city of any wrongdoing, and remains with the department.

The now 19-year-old, currently a sophomore at Columbia College Chicago, underwent over a dozen surgeries and three years of physical therapy. He continues to play guitar and compose music, even producing a song for his girlfriend, but he still deals with the effects of his injury.

The settlement with Des Plaines does not entail an admission of wrongdoing or liability, as stated by the city.

The City of San Diego will pay $8 million to resolve a lawsuit brought by a man who was struck by an SUV while being handcuffed by a San Diego Police Officer in the middle of Rosecrans Street.

The man suffered life-altering injuries, necessitating full-time medical care, following the incident on February 28, 2019. The events unfolded when the police responded to a vandalism report inside a 7-11 convenience store on Rosecrans near Midway Drive just before 5:00 AM.

According to court records, the man crossed the street upon police arrival. While walking across the road, a San Diego Police Officer grabbed the man's wrist and placed him on the ground in the midst of the busy Rosecrans Street. Shortly after, an SUV traveling on Rosecrans collided with the man.

The impact resulted in severe injuries, including multiple fractures, internal bleeding, organ damage, and internal decapitation, a condition where the brain stem is separated from the spinal cord. The lawsuit revealed that the man's medical team had deliberated whether to remove him from life support. Although he experienced a slight recovery, he still requires round-the-clock medical attention.

In October 2020, the man and his caregiver filed a lawsuit against the city of San Diego and the police officer, citing excessive use of force, civil rights violations, unreasonable search and seizures, among other allegations.

As the trial approached, the man's legal representatives, the city, and the city's external legal team agreed to a settlement of $8 million. San Diego city council members approved this settlement during a meeting on October 17.

A federal jury in downtown Los Angeles has awarded $13.5 million to the family of a man who passed away shortly after two Los Angeles police officers used their body weight to restrain him.

The jury's decision determined that the officers had employed excessive force, violating the man's constitutional rights. Additionally, the jury found that the city of Los Angeles had failed to provide adequate training to its officers.

The deceased man's daughter had filed a lawsuit against the city in 2020, citing civil rights violations, insufficient training, and other allegations. The trial concluded with the jury's verdict that the officers had indeed used excessive and unreasonable force. This judgment also included a finding that the city had not adequately trained its police officers on the risks associated with positional and restraint asphyxia, as stated by the lawyers involved.

Furthermore, bodycam footage of the incident, which occurred in April 2019, was released to the media. This video revealed officers approaching the man, handcuffing him as he sat in the driveway of a gas station in Van Nuys. The officers had suspected that the man was under the influence of an unknown drug. The situation escalated as the officers attempted to place him in a police car. According to the plaintiff's attorney, the officers brought the man to the ground and applied pressure for approximately 4 minutes and 20 seconds. Later, paramedics revived him, but he was placed in a prone position again for 2 minutes and 46 seconds, ultimately leading to his demise.

The daughter of the deceased expressed her gratitude for the jury's decision, holding the LAPD responsible for her father's death. She added that her father had been stripped of his dignity when he was killed.

When asked for a response, the LAPD declined to comment on the ongoing litigation or its outcome.

It's worth noting that the LAPD had previously found that the officers were not in violation of department rules, according to the plaintiffs.

A Chicago man, two decades after suffering severe brain damage during his birth at the University of Illinois Hospital, has been awarded $55.5 million by a Cook County jury.

At 20 years old, he remains unable to speak, read, or comprehend rules and safety. He has the cognitive capacity of a 2-year-old and requires round-the-clock care due to the negligence of doctors at UIC and the hospital. The lawsuit lists three physicians as defendants, with the University of Illinois Hospital and Health Sciences System also named. Following a three-week trial, the jury issued its verdict in a Daley Center courtroom before the judge.

According to reports, on April 12, 2003, the man's mother was admitted to UIC Hospital, and the attending physician did not see her until six to seven hours later. A fellow-in-training and a resident-in-training were tasked with her care, neither of whom was board-certified. The woman was administered Pitocin, a drug that induces contractions but led to oxygen deprivation for the baby before birth, as stated in the 2017 complaint. The baby suffered fetal tachycardia, indicating an elevated heart rate in utero.

Early the next morning, the baby was delivered via an emergency C-section and placed in the newborn intensive care unit, where he was intubated five hours after birth and spent eight days on life support. The mother had gestational diabetes and asthma, making her a high-risk patient during pregnancy.

The plaintiff's attorney argued that the doctors should have immediately discontinued the Pitocin and treated the mother with antibiotics. However, the hospital was also at fault for not providing the necessary resources for the mother and her baby.

The $55.5 million, allocated to cover the man's medical expenses and overall well-being, compensates him for the loss of a normal life experience, disfigurement resulting from the injury, emotional distress, loss of earning capacity, and more, in accordance with the verdict.

A groundbreaking decision by a jury has resulted in a man being granted a remarkable $6.19 million in compensation for the traumatic brain injury (TBI) he sustained, which led to a brain hemorrhage while he was under the care of Firelands Hospital.

This judgment stands as the largest ever awarded in court and the second largest in terms of medical malpractice settlements in Erie County.

The patient was admitted to Firelands Hospital, where he was prescribed seven new medications that significantly increased his risk of falling. Despite this heightened risk, the hospital's nurses and staff failed to adhere to the mandated safety measures designed to prevent the patient from falling and sustaining further injuries.

Tragically, the patient did indeed fall while attempting to use the restroom, resulting in a traumatic brain injury. He now lives with permanent disabilities caused by this preventable incident and is confined to a wheelchair in his own home.

The jury held Firelands Hospital accountable for the life-altering brain injury suffered by the plaintiff, which has had a profound impact on both him and his wife. The substantial monetary award serves as a clear message not only to the hospital but to all medical facilities in Erie County, emphasizing the critical importance of following policies and patient safety protocols to ensure that everyone receives an equal standard of medical care.

The attorney representing the plaintiff expressed their gratitude for the jury's decision, stating, "This verdict demonstrates the effectiveness of the jury system in delivering justice. We would like to extend our appreciation to the jury members and the court for recognizing the significance of healthcare policies and the unwavering commitment to maintaining the highest standard of care."