Alabama Injury Attorneys Blog

After a fatal auto accident killed her son, the mother of Evan Raasch filed a wrongful death lawsuit.

Evan Raasch, 15, was riding with his good friend, Matthew Hoskins, 17,when Matthew lost control of his vehicle and crashed. Along with the two boys, Matthew's sister, Briana Hoskins, was also involved in the car wreck and thrown 92 feet. Briana, 15, miraculously survived the car accident; however, the two were killed on impact.

Evan Raasch's mother, Karla Raasch, filed a wrongful death suit against the parents of Matthew Hoskins alleging negligence in the fatal accident. According to the personal injury lawsuit, the Chevrolet Camero that Matthew was driving was modified with a nitrous oxide kit to make the car reach a faster speed. Nitrous oxide, while legal for racetrack vehicles, is not indicated for use of public road.

At the time of the fatal car accident, the Camero was traveling at a speed of 100 mph.
Karla Raasch along with her personal injury attorney asked for more than $1 million in damages and named the Matthew Hoskin's estate as well as Mack and Cammy Lyons as defendants.

Early responders on the accident scene photographed the wrecked vehicle and identified a bottle of nitrous oxide dislodged from the trunk. Karla Raasch along with her personal injury attorney filed the wrongful death lawsuit on January 27, 2011 almost a year after the crash. The lawsuit states Hoskin's was an unsafe driver and his parents should have known due to the number of tickets Matthew received. The lawsuit also alleges the engine in Matthew's car was altered or destroyed to cover up the evidence of nitrous oxide. According to the personal injury attorney, "we don't know where the car is."

Karla Raasch's attorneys requested a jury trial to let the jury decided on the appropriated settlement amount. The fatal car accident occurred about 3:45 p.m. after he lost control, skidded and crashed into a tree. No one was wearing seatbelts and the car had no airbags. As a result, Evan Raasch was thrown from the vehicle and later died in the ambulance on the way to the hospital while Matthew died at the scene.

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A Florida jury recently awarded the family of Elvira Nunziata with a $200 million verdict after she fell and died in a local nursing home. Nunziata began living at the Pinellas Park nursing home in 2003. In October 2004, Nunziata, 92, was found strapped to her wheelchair at the bottom of 10 stairs. Paramedics were immediately called in; however, Nunziata died shortly after their arrival. Prone to wonder, Nunziata was with a group of residents at the Florida retirement home when employees noticed she was missing. About an hour later, Nunziata was found at the bottom of an emergency exit.

At the time of the accident, Trans Health Management managed the nursing home. Nunziata's son sued Trans Health Management for his mother's wrongful death in 2005.

It took the jury less than one hour to return a verdict in favor of the plaintiff. The jury returned a $60 million verdict in compensatory damages and $140 million in punitive damages. According to the personal injury attorney representing the case, this is one of the largest nursing home neglect verdicts in the state. The personal injury lawyer representing the family asked the jury to return a verdict that would send a message to the nursing home that neglect and bad healthcare would not be tolerated.

During the nursing home abuse trial, former caregivers testified that the nursing home was understaffed and that prior to her death Nunziata had suffered several falls and injuries. Nunziata also had early onset dementia and staff and caregivers knew this.

It is estimated that for every one instance of nursing home abuse, another five are unreported. Reports indicate that 5% of the elderly population in the United States resides in nursing homes which equals about 1.8 million people. Every year loved ones are placed in nursing home facilities across the county and undoubtedly large percent of them will endure some form of nursing home abuse or neglect.

Continue reading "Jury Awards Largest Nursing Home Verdict in the State- $200 Million " »

What should have been a wonderful vacation along the Tuscan coastline turned into a nightmare for cruise patrons and families involved in the tragic cruise line accident on January 13, 2012.

Early reports indicate the cruise ship's captain, Francesco Schettino, 52, navigated off course to show off the $450 million vessel when he ran the ship aground. After ripping a hole in the ship's hull, Capt. Schettino, apparently left the vessel and fled in a lifeboat leaving panicked crewmembers and passengers to franticly evacuate the ship, evoking images of the Titanic.

There were roughly 4,200 people on board the Costa Concordia when the ship ran aground. Of the 4,200 people over 3,200 were passengers with the remaining 1,000 serving as crewmembers. Remarkably, the majority of the passengers were able to evacuate the ship. However, boating accident.

In the weeks and months following the cruise line accident, families and passengers will begin to pickup the pieces of their lives and to seek recovery for their losses- ranging from the loss of life to the loss of possessions. One website, Cruise Critic, is already reporting a class action lawsuit among 70 passengers for the tragic boating accident. Undoubtedly, more personal injury lawsuits and wrongful death cases will follow. The question will become who is liable for the boating accident and did passengers waive any rights when they purchased their ticket and boarded the ship. Depending on the wording in the cruise line's fine print, injured passengers could be placed at a significant disadvantage, leaving the company fully protected.

Continue reading "Cruise Ship Accident Kills 11, More Passengers Missing" »

Where you a victim of the April tornados? Did you homeowner's insurance policy deny your claim? Did your policy pay you everything you were entitled to?

On April 28, 2011, families all over the Alabama were devastated by a series of tornados that swept through our state. Many families lost everything including loved ones and priceless possessions.

For weeks and months following the Alabama tornados, victims all over Alabama began the difficult process of rebuilding their lives. Homes damaged and/or leveled needing rebuilding and repairing. As a result, the focus on federal relief efforts such as FEMA and homeowner insurance policies became a priority. Many people assumed because they had private insurance policies that their homes would be covered. However, in some cases this would prove to be false.

Insurance policies are written in a way that make it extremely difficult for the average Alabamian to understand their policy and to understand all they, the homeowner, are entitled to. The insurance companies know this and are aware that most people do not know what their policy provides for them. Sadly, this was and is a reality for many people who where victims in the Alabama tornados.

The other issue with insurance companies has been failure to pay in a timely manner. Insurance companies realize that for homeowners, dealing with a policy claim can be an enormous headache. Some insurance companies will intentionally delay payment or avoid payment for claims knowing the homeowner will eventually get frustrated and drop the claim entirely.

As a way to give back to the community, the Fox 6 LawCall personal injury attorneys at Farris, Riley and Pitt will be hosting a free insurance review in Sumiton, Alabama on Tuesday, January 24, 2012 at the Sumiton Civic Center from 10-4 to make sure everyone received all they were entitled to.

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The family of Brain Cardall filed a wrongful death lawsuit against the Hurricane Police chief, and police officer and the City of Hurricane after he was killed by a police taser.

In 2009, Brian Cardall pulled over on the side of the highway to take his bi-polar medication. After a manic episode, the 32-year-old left his car naked and walked out into the road. In a state of panic and out of concern for his safety, Cardall's wife, Anna, called the police to try to detain Brian who was trying to flag down vehicles and direct traffic. In a recording of the 911 call placed, Anna told dispatchers she was worried a car would hit her husband. The recording also picks up the voice of Brian Cardall in the background speaking gibberish. Two officers arrived at the scene, fully aware of Brian's condition and situation. When the officers arrived, Cardall was no longer in the road. According to the personal injury lawsuit, the officer never attempted to calm Cardall, rather tased him twice, which ultimately caused his death a short time later.

After filing a wrongful death lawsuit on Brian Cardall's behalf, the family alleged the actions of the police officer caused emotional distress, willful misconduct and wrongful death. In addition, the personal injury lawsuit contends the police officer ordered Anna Cardall to return to her vehicle, preventing her from helping her husband. The police officers failed to provide any form of medical aid to Brian Cardall before the paramedics arrived. The wrongful death lawsuit states the police and the taser caused Brian's death on June 9, 2009.

Last month, the defendants asked a federal judge to dismiss this case. However, the judge has decided the personal injury case will go to trial. The personal injury attorney representing the Cardall family said they "are anxious for a jury to hear the evidence" in this case. In addition to Anna, the couples two daughters, Ava and Bella, are listed as plaintiffs as well as Cardall's parents, Duane and Margaret Cardall.

Taser International claims the use of tasers are much safer compared to a police batons and pepper spray. While the company claims the safety of tasers, a number of deaths from a police taser may prove otherwise.

Continue reading "Judge Moves Forward With Taser Death Lawsuit" »

The parents of 2-year-old River Moore have filed a wrongful death lawsuit against pharmaceutical giant, Johnson & Johnson, for a defective product. River's parents, Daniel and Katy Moore, allege he was given a dose of recalled children's Tylenol and died as a result.

Johnson & Johnson and it's healthcare subsidiary, McNeil Consumer Health, recalled over 136 million bottles of liquid infant and children Tylenol on April 30, 2010. The voluntary recall was due to metal particles and incorrect doses.

According to the wrongful death lawsuit filed, the Moore's son was supposedly given a larger than normal dose of Tylenol and suffered liver damage as a result. The toddler died on July 23, 2010, less than three months after the Tylenol was recalled. The parents claim River had a slight fever and was given Very Berry Strawberry Children's Tylenol. He soon began spitting up blood 30 minutes later. River was immediately rushed to the hospital where he died the next day.

The personal injury attorney representing the family stated the liquid medicine contained an excessive level of "acetaminophen that damaged the child's liver" and subsequently caused his death. River's had extensive testing both before and after his death to rule out viruses or any other medical conditions. According to the autopsy performed, the child died from sudden liver failure. His liver enzymes were three times the normal level. The personal injury attorney representing the Moore's said the only possible cause of enzymes reaching that level is medication ingestion.

The lawsuit pertaining to the wrongful death of a child, accused Johnson & Johnson of negligence, recklessness, breach of warranty, emotional distress, etc. The wrongful death lawsuit is seeking an unspecified amount of damages.

Since September 2009, J & J has issued two dozen recalls for a variety of products including Motrin, Benadryl, Tylenol and other medicines for HIV, seizures, hip implants and contact lenses.

Continue reading "Wrongful Death Case Filed in Toddler Death" »

Due to a number of complications, the U.S. Food and Drug Administration is now reviewing the safety of using steroid injections into the epidural space surrounding the spinal cord. Steroid injections have become one of the most popular ways to treat chronic neck and back pain associated with a car accident or auto accident. With more and more Americans requiring steroid injections for chronic pain, so comes the increased number of problems. Epidurals are typically a routine procedure and take minutes to administer. However, recent findings of severe complications such as paralysis and death have alerted the FDA to step in.

Last year, over 8.9 million Americans received steroid injections. Many of the recipients were victims of car accidents and suffering chronic pain. According to the chairman of the American Society of Interventional Pain Physicians, steroid injections, specifically among Medicare patients, have increased 159% over the past ten years.

The pain market is an estimated $300 billion a year industry with epidurals serving as one of the more popular procedures. Epidurals fall under a category called interventional procedures and includes shots of painkillers and spinal cord. Last year Americans spent $23 billion in this category alone-a 231% increase from 10 years ago.

Steroid injections, known as corticosteroids, provide anti-inflammatory relief and are popular to provide knee, shoulder, hip and joint pain. The FDA group investigating the epidural claims are part of the agency's Safe Use Initiative and is intended to reduce "preventable harm". The FDA is investigating injections in which the needle comes within millimeters of the spinal cord, which account for half of the 8.9 million epidurals administered last year.

In 2007, a survey indicated that 78 patients who received shots in the neck for pain suffered serious injury when 13 of those patients resulting in death. Between 2005 and 2008, claims of spinal cord injuries from epidurals caused 31 separate malpractice claims.

Studies are indicating that physicians administer no more than four injections within a six-month time frame. However, pain management guidelines do not indicate an appropriate number of epidurals. One study found a patient who had received 51 epidural injections within a year. Another study found a patient who had suffered a severe spinal cord injury from a car accident and had received 13 epidurals with in a five-month period, and as a result suffered kidney failure.

Continue reading "Steroid injections Linked to Paralysis and Death" »