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In recent months, we’ve often discussed the issue of elder abuse, including the problem of nursing home neglect. These posts contain some truly distressing information about the frequency of abuse and the utter callousness that the perpetrators show. It is good to be reminded that courts and juries are working to hold people responsible for these acts. As a Sacramento elder abuse law firm, we hope these verdicts serve to compensate victims, punish wrongdoers, and warn others that the law will hold them responsible for the mistreatment of our elderly population. In cases of nursing home abuse, we hope these verdicts remind companies that placing profits over care will not be tolerated. We also think it is important to keep in mind that these verdicts are victories, but that each one represents one or more victims of cruel acts who deserve to be remembered.

Boice v. Emeritus Corporation: Case Against Senior Care Corporation Ends in Huge Verdict

nursing2.jpg Twenty-three million dollars is a verdict people typically associate with corporate litigation, lawsuits between large companies over a business deal gone wrong. On Friday March 21, it was the amount of punitive damages that a Sacramento jury found due in a case of elder abuse. According to the Sacramento Bee, Joan Boice moved to Emeritus at Emerald Hills, an Auburn facility operated by a major senior care corporation, in September 2008. Boice, who already suffered from Alzheimer’s disease, developed bedsores while at the facility. According to the evidence at trial, a caregiver alerted a nurse to the sores, only to be told “just don’t let anybody know” because disclosing the sores would have meant Buice being removed from the facility. This was just one element of a case involving systemic understaffing and inadequate training, practices that placed profits above care. By the time Boice left Emerald Hills in December, the sores had grown serious. She died only three months after leaving the center and bedsores were listed as a significant condition leading to her death.

Home should be a place of joy and comfort, a place to build happy memories and also a place to retreat from the outside world. People deserve to have the feeling of home, whether they own a massive house or rent a studio apartment. At the Brod Firm, our San Francisco tenant’s rights attorney helps protect renters from landlords who attempt to skirt their legal obligations. These duties are developed by both individual rental agreements and general California law. One of the most basic and fundamental of these obligations is the implied warranty of habitability.

apartment.jpgThe Warranty and the Concept of Habitability

As the name suggests, the implied warranty of habitability is a duty that is read into all rental agreements; an obligation implied under the law rather than one that must be explicitly included in the rental contract. The duty stems from a 1974 California Supreme Court ruling, Green v. Superior Court and is discussed in the California Tenants’ Handbook produced by the Department of Consumer Affairs (“DCA”). Pursuant to the warranty, a landlord must repair conditions that substantially impact the unit’s habitability. This includes repairing failures to comply with building and health codes and generally ensuring the unit is livable. However, the warranty does not make a landlord responsible for repairing damage caused by the tenant, guests, or pets.

It is a terrifying thought, looking through your car’s windshield to see another vehicle’s headlights coming straight at you. Head-on collisions are particularly terrifying to contemplate. Surprisingly, they are actually relatively uncommon, but head-on accidents can be among the most dangerous of roadway crashes. As an Oakland accident attorney specializing in cases involving catastrophic injuries, Attorney Brod is prepared to help victims of these crashes recover damages via a personal injury lawsuit or, in the case of a fatal accident, wrongful death claim.

Head-On Accident Claims Life in Half Moon Bay

It was shortly after 6 A.M. on Tuesday when the driver of a gray Volkswagen Jetta decided to pass a big-rig truck heading west on Highway 92 in Half Moon Bay near Pastorino Farms. CHP Officer Amelia Jack told The Oakland Tribune that the westbound Jetta crossed into the eastbound lane and collided with a Dodge Ram truck. The unidentified 20 year-old driver of the Jetta died in the head-on crash. The truck driver sustained only minor injuries.

There are few advances as important to our society as modern prescription medication. It wasn’t long ago that people died from illnesses we now treat with a basic course of antibiotics. Many medications save lives. Others help manage severe pain and other health problems, making life more livable. However, as the news outlets often remind us, there is a huge problem stemming from prescription misuse. Abuse and addiction are followed by crimes associated with obtaining and selling medications. An often under-recognized form of this crime is prescription theft in senior care settings. Our San Francisco nursing home abuse lawyer understands this threat and is working to help victims of nursing home drug theft throughout Northern California.

One Example of a Widespread Threat: Florida Nurse Caught With 126 Pills Stolen from Elderly Patients

pillbottle.pngNursing home medication theft is a nationwide problem that strikes communities of all size, as a recent headline demonstrates. On February 24, according to the Crestview Bulletin, the sheriff’s office in Okaloosa County, Florida received a call about a theft at The Manor of Bluewater Bay. The Manor is a 120-bed facility providing both long-term nursing home and short-term rehabilitation services in Niceville, a city of 13,000 on Florida’s panhandle. The Director of Nursing told the responding deputy that he’d observed surveillance video footage showing a nurse stealing prescription medications from patients. When confronted, 32 year-old Renee Lorraine Stern admitted to stealing the drugs. The nurse had 126 pills in her possession belonging to a number of different facility residents, including pain killers and anxiety medication. She reported that the drugs were for her own use to treat pain stemming from a prior surgery. Police charged Stern with larceny and several counts of possessing a controlled substance. They have set a court date of April 9.

Whether on our highways, city streets, or residential roads, automobile accidents seem to be almost a daily occurrence in Northern California. These accidents cause serious injury, major property loss, and, all too often, the loss of life. As a San Francisco accident lawyer, Attorney Greg Brod works to help victims recover damages in California’s civil courts. This work allows our team to see firsthand the factors that lead to tragic crashes. While sometimes it seems like too basic a factor to mention, speeding remains one of the most common factors that contributes to roadway tragedies.

Three Injured in Danbury Car Accident, Officers Suspect Speeding Led to Crash

speed.jpg It was shortly after midnight when, according to a report in The San Francisco Chronicle, nineteen year old Jason Perez was driving east on White Street in Danbury. Investigators believe the teen was speeding when the 1992 Acura Integra ran off the road and careened into a telephone pole at the intersection with Shalvoys Lane. The car then spun, hitting and breaking a fire hydrant before rolling on its side and sliding across the street. Perez and his two passengers were injured and transported to Danbury Hospital. At the time of the report, details on their injuries and condition had not been released. In addition to speed, police are looking into whether alcohol or mechanical issues may have contributed to the incident.

Along with people across the nation, the team at our San Francisco insurance law firm watched in disbelief as the news of a massive sinkhole in Florida hit the airwaves. When we think of sinkholes, the pictures that come to mind are often of roadways opening up, empty cars clinging to broken asphalt around a hole that looks remarkably like a Hollywood image of a meteor strike. However, the potential terror of sinkholes was made more vivid with the story of the ground suddenly opening beneath a home on an otherwise quiet weeknight and claiming the life of a Florida man. Upon hearing the story, our thoughts immediately went out to the victim and his family. As members of a legal team, we also know that the family may soon face a battle over insurance coverage for the tragedy.

sinkhole.jpgFlorida Man Dies in Residential Sinkhole Tragedy

Witnesses told CNN that a deafening noise broke the quiet Thursday night in the Tampa suburb of Seffner, Florida. Jeremy Bush said he heard his brother, Jeff, scream and ran to his bedroom. Jeremy found that the entire room had been swallowed by a massive hole and, without thought for his own safety, he jumped in to try and rescue Jeff. A sheriff’s deputy later pulled Jeremy from the rubble, uninjured but clearly in great distress as was captured by news cameras the next day. Four others also escaped uninjured.

It is not often that an elder care death captures headlines nationwide. Like many others, the team at our San Francisco nursing home law firm is shocked by the story out of Bakersfield, California. It is a story that demands attention and discussion. It also demands action, both at the individual level and in senior care facilities nationwide.

Woman Dies After Nurse Refuses to Perform CPR Despite Pleas of 911 Operator

hospitalbed.jpg The San Francisco Chronicle and the Associated Press, along with news outlets across the country, recently reported on the death of an 87 year old woman at a Bakersfield retirement facility. The woman, identified as Lorraine Bayless, was a resident of the independent living section of Glenwood Gardens, an area that is separate from the facility’s skilled and assisted nursing departments. Bayless collapsed around 11 A.M. on Tuesday February 26 and a staff member called 911. Despite the dispatcher’s insistence that the caller perform 911, the nurse refused. In doing so, the nurse told the dispatcher that performing CPR was against facility policy. According to 911 tapes, the dispatcher said, “I don’t understand why you’re not willing to help this patient.” An ambulance arrived at the facility several minutes later and transported Bayless to the hospital where she was pronounced dead.

According to the National Highway Safety Administration (“NHTSA”), 2,791 people lost their lives in fatal car accidents in California during 2011. While this is a slight increase from the year prior, there has general been a downward trend in fatal crashes in the state since 2007 when 3,995 people died on California roads. This is good news, but our San Francisco car accident law firm believes it is still 2,791 deaths too many.

Common Factors Leading to Fatal Crashes

Using data from the NHTSA, the Statistics Brain website compiled a list of the most common causes leading to fatal accidents. Looking at this research along with information from EHow, we’ve compiled the following list of factors that lead to deadly crashes:

As the presence of elder abuse in our society is made more aware to the public, we are finding that the problem may be bigger, and worse, than initially suspected. An increasing number of elderly citizens are put in nursing homes but there has always been a suspected underreporting of elder abuse cases. This may be because there is a lack of training on detecting abuse and the elderly themselves may be reluctant to report abuse due to fear or threat or the inability to do so cognitively. Though statistically, there is an increasing trend in reports of elder abuse, studies estimate that only 1 in 14 cases of elder abuse come to light.

New York Woman Hides Camera to Catch Abuse of Grandmother

Last week, a story came to light of a New York woman who suspected her 89-year-old grandmother Ana Louisa Medina, who suffers from both dementia and Alzheimer’s, was being abused in the Bronx nursing home she was placed in. After noticing unusual markings and bruising on her body, Diana Valentin initially inquired the administrators of Gold Crest Care Center of what was going on. She was told the injuries were incurred when her grandmother banged her hands on the bed railings. Still feeling suspect, Valenin decided to place a hidden camera inside of her grandmother’s room. Valentin says the hidden camera recorded approximately 600 hours of footage and was enough to have her send Medina to an emergency room, and later to a different nursing home. 945156_wheelchair.jpg

Nearly three years have passed since the 2010 Deepwater Horizon disaster, but the oil spill still looms large for the people and businesses impacted by its massive scope. As your San Francisco/Oakland oil spill law firm, we are closely following the on-going legal disputes stemming from the accident. Monitoring the Gulf Coast oil spill case and resulting precedents will allow our legal team to provide top-notch representation to those impacted by Pacific Coast oil spills and other environmental incidents in the Northern California region.

oilspill.jpgCivil Case Follows Criminal Plea

This week, as reported by the Associated Press and Oakland Tribune, Judge Carl Barbier opened the civil trial in which the U.S. Justice Department and representatives of businesses and individuals impacted by the Deepwater Horizon are seeking monetary damages from BP and other partners in the drilling project. Previously, BP pled guilty to manslaughter and other criminal charges. Those charges led to $4 billion in penalties, just one portion of the $24 billion that BP has spent on spill-related expenses to date. In the current civil case, federal authorities, impacted states, and affected businesses and individuals are looking to hold BP and its partners liable for civil damages under the Clean Water Act and other environmental laws. The trial, which could lead to a verdict in the tens of billions, began after repeated settlement talks failed to produce an agreement.

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