personal injury

HR 1215 Concerns Lawmakers, Attorneys, and the Elderly

March 20, 2017 | Gregory J. Brod

Under House Bill 1215, introduced in February 2017 by Rep. Steve King, R-IA, there would be a cap of $250,000 on non-economic damages for civil malpractice cases involving elderly and dependent adults. While California has a similar cap, it does not apply to lawsuits involving negligence and abuse toward the elderly and dependent adults. Lawmakers stress that the bill is intended to reduce healthcare costs and increase access to healthcare – it is even named “Protecting Access to Care Act of 2017.” Since the federal government is adversely affected by malpractice lawsuits for individuals insured through Medicare, legislators estimate it could save the government $62 billion in the next 10 years. However, many healthcare providers and attorneys feel this law would take away a crucial protection against elder abuse and interfere with state’s rights.

Elder Protection Issues in HR 1215

As David R. Cohen of Stark and Stark pointed out, civil lawsuits are one of the only ways elderly individuals and their families have to recover after an elderly person or dependent adult is significantly injured or killed due to negligent, reckless, or intentionally harmful medical care. Civil cases enable victims and their families to be reimbursed for their expenses and compensated for their pain and suffering, which can be severe in elder abuse situations. These civil cases also serve to make fraud in nursing homes and other care organizations known to the public, increase accountability, and improve the quality of care adults receive.

Latest Listeria Outbreak Turns Deadly, FDA and CDC Investigating

March 17, 2017 | Gregory J. Brod

Since January 31, the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention have been investigating an outbreak of Listeria monocytogenes. The foodborne outbreak linked to Vulto Creamery products has so far caused six people to fall ill across four states, leading to two fatalities. Originally Vulto’s Ouleout cheese appeared to be the issue. However, the company expanded its voluntary recall on March 10 to include all of its products on the market, including Hamden, Heinennellie, Miranda, Walton Umber, Willowemoc, Andes, and Blue Blais. These cheeses have been distributed across the U.S., including in California.

What is Listeria?

Listeria monocytogenes is a bacteria that causes serious illness in individuals and can even lead to death. Fatalities are most common in young children, the elderly, and individuals with previously compromised immune systems. Elderly individuals often develop sepsis, meningitis, or encephalitis from listeriosis. It is particularly an issue for pregnant women. This bacterial infection can lead to miscarriage, premature labor, still birth, and illness or death of a newborn. According to the CDC, listeriosis causes fetal loss in about 20% of cases and newborn death in about 3% of infections.

A Multi-state Outbreak of E. Coli Affects California

March 10, 2017 | Gregory J. Brod

As of March 7, the SoyNut Butter Company has recalled all I.M. Healthy SoyNut butter and I.M. Health Granola due to contamination. According to the Food and Drug Administration, these products have Shiga toxin-producing E. coli bacteria. The company previously announced a voluntary recall of its I.M. Healthy Original Creamy SoyNut Butter, but additional illnesses and investigations led to an expansion of the recall to include the chunky, honey cream, unsweetened, and chocolate varieties. The granola comes in original, apple, blueberry, and raisin and cranberry, which are all subject to the current recall. All sizes of these products should be immediately thrown away.

Reported Illnesses

The U.S. Centers for Disease Control and Prevention are investigating 16 illnesses linked to the SoyNut Butter Company products across New Jersey, Maryland, Virginia, Wisconsin, Missouri, Washington, Oregon, Arizona and California. The first six states have one illness each, while Oregon has two reported illnesses and California and Arizona each have four.

National Health Care Decisions Day Coming Up on April 16-22

March 8, 2017 | Gregory J. Brod

National Health Care Decisions Day (NHDD) has become a week-long event held from April 16 through 22. The purpose of this event is to encourage adults across the U.S. to learn more about planning for their future healthcare needs, including drawing up advanced directives. Without knowledge regarding advanced directives, elderly individuals and their families can find themselves in difficult positions. Loved ones may not have the power to make necessary medical and financial decisions or may not know what their elderly family member would want. Without considering future situations and taking the legal steps to solidify what individuals want for their future care right now, it may end up being too late.

NHDD is More Than Information

NHDD is more than an informative week, which could fall short of being actually helpful for most individuals. Between April 16 and 22, both public and private health care providers across 50 states will offer free and simple-to-use tools for individuals and their families to learn about and create advanced directives. The information and tools also facilitate discussions amongst family members about what they want or need if they were to become physically or mentally incapacitated. Organizations like AARP, the American Bar Association, Livestrong, Supportive Care Coalition, and the Human Rights Campaign participate.

Dangerous Construction Site Leads to Building Evacuations

February 22, 2017 | Gregory J. Brod

On February 22, a crane and concrete slab in a high-rise construction site in South of Market became unstable and were at a risk of falling, CBS SF Bay Area reported. Due to the significant dangers posed by the two-ton piece of concrete hanging 35 stories above the ground, the building under construction and 15 others around it were evacuated. The surrounding streets and alleys were also closed.

The issue was caused when a strut within the crane that was putting the concrete wall into position failed, which is also being referred to in the news as a partial hydraulic failure. This caused the crane, which is currently located in the center of the building where a stair well will be, to tilt and allow the concrete wall to lean outward. Authorities stated the crane was not going to fall and the evacuations were purely out of caution. If the concrete had fallen after individuals were evacuated, a worst-case-scenario only involved structural damage to a couple of buildings and the street.

Incident Leads to Health and Safety Violation

Berkeley Resident Dies in Bicycle Accident

February 15, 2017 | Gregory J. Brod

On February 8, a long-time Berkeley resident was killed in a bicycle-vehicle accident on Sacramento Street south of Hopkins Street at around 7 in the morning, Berkeleyside reported. Motorists stopped to help and call 911, and the Berkeley Police and Fire Departments arrived quickly. A motorist attempted CPR prior to the arrival of paramedics, but the cyclist was not responsive and died from the accident. The Berkeley Police Department Fatal Accident Investigation Team is investigating the crash, and the driver who collided with the cyclist was fully cooperating. Investigators had not identified the primary cause of the collision as of the day following the accident and it is unknown whether any charges will be filed.

Bicycle accidents like this can hit a community and family hard. Unfortunately, they are not rare. Thousands of individuals are seriously injured or lose their lives during vehicle-bicycle collisions every year. If you were injured in a bike accident or lost a loved one in a crash, do not hesitate to seek legal advice. At Brod Law Firm, we can explain your legal rights and next best steps.

Bicycle Accidents Plague California

Students Hospitalized After School Bus Accident in California

February 10, 2017 | Gregory J. Brod

On February 7, a school bus carrying students crashed into another vehicle in Lancaster, California. The bus rolled over and hit a utility pole near East Lancaster Boulevard and 20th Street East. The accident occurred around 7:15 a.m. while the bus was carrying eight students with special needs and two of their aids. Seven students suffered minor injuries and one suffered critical injuries. The driver of the other vehicle, a Cadillac, was also taken to a local hospital with serious injuries. The crash is currently under investigation though an initial statement from the bus driver alleged that the Cadillac ran a red light.

This accident is one example of the type of collision a school bus can be involved in. While school bus accidents are generally rare, they are not unheard of and can result in serious injuries and fatalities. While the students in Lancaster had seat belts and were wearing them, many students do not have safety belts in their buses or choose not to wear them. This is one of the reasons students may be seriously injured in a school bus crash. If you or a your child was hurt while riding the school bus, contact a San Francisco school bus accident lawyer from Brod Law Firm to learn about your legal objects.

School Bus Accidents

Multiple Scaffolding Accidents in San Francisco Leave People Injured

January 23, 2017 | Gregory J. Brod

It is only the end of January and San Francisco has already witnessed multiple scaffolding accidents that have led to pedestrian and worker injuries. In early January, poor weather caused scaffolding materials to fall from a seven-story building near Market Street. San Francisco police blocked off a portion of Market Street for fear that other materials could fall and hurt people. About an hour later, scaffolding collapsed near California and Spruce Streets. On January 20, scaffolding fell near Turk and Market, hurting an individual who was taken away in an ambulance. On the 24th, three workers were seriously hurt when the scaffolding they were using collapsed. They fell 25 feet to concrete suffering fractures and internal injuries. For this particular incident, the building owner did not have the proper work permits and there were multiple safety violations.

Scaffolding is often a necessary component to new construction and renovations. However, it must be constructed properly and protected from the elements. When scaffolding is not constructed or used correctly, it is more likely to collapse and cause injuries.

If you were injured due to falling scaffolding materials or a collapse, do not hesitate to reach out to an experienced San Francisco personal injury lawyer at Brod Law Firm. We will determine who is responsible for the construction materials and site that led to your injuries, whether the scaffolding was properly installed, and whether the owner had the proper work permits.

The Dangers of Household Products That Look Like Food to Children

January 20, 2017 | Gregory J. Brod

Household products have evolved a great deal in recent years. Cleaning has increasingly become about power and efficiency. The faster we can clean up a mess or finish with a chore, the better. These products also cannot entirely escape the “cool” factor. They need to catch our eyes so we grab them off the shelves and want to buy them over and over. All of these factors have led to cleaning supplies that look like food or candy, making them enticing to children. Unfortunately, more modern packaging has increased the number of poisonings, side effects, and injuries in children across the nation. If your child was hurt due to a cleaning product that too closely resembled food or candy, you may want to contact a San Francisco product liability attorney at Brod Law Firm to learn about your right to recover compensation.

Hundreds of Children are Poisoned Every Day

According to the U.S. Centers for Disease Control and Prevention, more than 300 children in the U.S. are treated in emergency rooms every day as a result of poisoning. Two die each day. These poisonings result from children ingesting all types of household items and cleaners, not just obvious chemicals. Children can be severely injured or killed due to eating or drinking medications, cleaners, detergents, nail polish and removers, makeup products, animal and insect repellants and poisons, alcohol, and vape or electronic cigarette liquids.

GoCar Driver Allegedly Causes an Accident in San Francisco

January 18, 2017 | Gregory J. Brod

A driver and passenger of a rented GoCar in San Francisco were involved in a collision mid-January, according to Mission Local. The two individuals were injured after they collided with a Toyota sedan on 24th Street, throwing them from their three-wheeled, open-air vehicle. Some witnesses state the GoCar driver may have run a red light and clipped the front end of the Toyota. However, the police will thoroughly investigate the situation to determine fault and whether any charges are appropriate. While everyone in this accident may have walked away relatively unscathed, this incident raises the question: Whose insurance covers crashes caused by GoCar drivers? If you were injured in an accident with these small rented vehicles, do not hesitate to reach out to a San Francisco personal injury attorney of Brod Law Firm.

Filing an Insurance Claim After an Accident

If you know the driver of the GoCar vehicle was responsible for the crash that led to your injuries, you should speak with an experienced personal injury attorney about the best way to recover compensation. Once you have evidence that the GoCar operator was at fault for the collision, you will need to determine the most appropriate insurer to file a claim with.