Odegaard injury

A Chicago family has been awarded an unprecedented settlement in the amount of $53 million twelve years after negligent healthcare resulted in birth injuries to an infant showing symptoms of fetal distress. The lawsuit alleged that medical staff employed by the University of Chicago ignored the child’s mother for hours even though she was in desperate need of an emergency C-section. Twelve years later, the child is unable to walk or speak and will suffer from neurological impairment for the rest of his life. A Routine Birth Gone Disastrously WrongLisa Ewing was under the illusion that she was receiving the best care available and that her child’s birth was proceeding exactly as planned. While in labor, however, she went for extended period without any supervision or follow up by nurses or doctors. It was during this time that it is alleged her child went into fetal distress.Fetal distress can result in severe injuries to an infant’s brain if the child’s brain … [Read more...] about Birth Injury Lawsuit Sees Record Recovery for Brain Injured Child

Alexer Geier was involved in a serious car accident in the District of Columbia in 1987. He suffered numerous and significant injuries across his body. Part of the reason he did incur these wounds, in his opinion, was because there was no driver’s side airbag in his car: a Honda Accord. What was the rule at that time? Well, federal law mandated that car makers equip their vehicles at least with passive restraints so Honda put in seat belts and warning lights in its Accords (See the Federal Motor Vehicle Safety Standard 208 that was promulgated by the Department of Transportation pursuant to the National Traffic and Motor Vehicle Safety Act). However, the District of Columbia had its own rule-it required driver’s side airbag. Therefore, he sued according to the latter standard and sought damages from Honda arguing that “American Honda Motor Company was negligent in not equipping the Accord with a driver’s side airbag.” The District Court disagreed. It ruled … [Read more...] about Geier v. American Honda Motor Co.: Personal Injury and Preemption

Early in 2003, Stevin Levin was set to have surgery on his cataracts. The doctor performing the operation was Frank Bishop, a Lieutenant in the United States Navy. Prior to the eye surgery, Levin claimed that he withdrew the written consent that he had previously given. In fact, he claimed to have withdrawn it on two different occasions. However, the doctor still went ahead with the operation. Consequently, Levin suffered immediate and long-term injuries that both sides agreed would require follow-up care and significant medical expenses. Levin brought suit against the doctor for medical malpractice and battery. The United States government sought permission and was allowed to substitute itself for the defendant doctor.ISSUEDoes the Medical Malpractice Immunity Act (Gonzales Act) remove sovereign immunity codified in the Federal Tort Claims Act (FTCA) in the context of medical battery lawsuits?ANALYSISAt the onset, it was decided by the district court that Levin’s medical … [Read more...] about Medical Malpractice Immunity Act Personal Injury Case: Levin v. U.S

Serious household injuries are more common than one might think. In fact, more than 10 million individuals every year visit the emergency room as a result of injuries occurring on their residential property. These residential injuries account for more than 6 million or more insurance claims every year, where victims are seeking financial recompense for their medical expenses, lost time away from work, pain, suffering, mental anxiety and other types of damages and losses.The most common forms of household injuries involve slip and fall accidents, drug overdoses, backyard drownings, electrical burns and dog attacks. Many residents and visitors are injured every year in slip and fall accidents by falling from ladders, falling downstairs and slipping on spilled liquids and slippery surfaces.Drug overdoses are sadly a large contributor to personal injury claims resulting in residential injuries and death. Often, prescription medications are kept within reach of young children or … [Read more...] about Household Guest Injuries Compensable Under Homeowner’s Policies

Every pedestrian accident is dangerous and most result in serious injuries or the death of the pedestrian where the motorist in the vehicle escapes unharmed. National statistics reveal that every year approximately 5000 individuals lose their lives in pedestrian accidents and more than 75,000 suffer serious injuries.A new study revealed that wheelchair pedestrians are at greater risk for suffering catastrophic injuries or losing their life if involved in an accident with a motor vehicle. Most catastrophic wheelchair pedestrian/vehicle accidents occur in crosswalks or along stretches of roadways where no crosswalk is available. The study also revealed the remarkable fact that in nearly four out of every five vehicle accidents involving wheelchair pedestrians, the motorist took no action to avoid the collision.Many believe there are numerous factors involved in the disproportionate potential risk for wheelchair pedestrians compared to others traveling on foot and crossing roadways. One … [Read more...] about Handicapped Pedestrians at Increased Risk of Injury