Posts tagged with "missed diagnosis"

State Lawmaker Involved in Car Accident Lawsuit Accused of Drunk Driving

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A personal injury lawsuit filed this week accuses Connecticut State Rep. Christina Ayala of fleeing the scene of an accident caused by her own drunk driving, according to a report from the Norwich Bulletin.

Sources say the lawsuit, filed by 26-year-old Krystal Valez, claims that Ayala was under the influence of alcohol when she ran her car into a vehicle driven by Valez. The lawsuit also alleges that Ayala fled the scene of the accident.

The accident in question occurred last August, when Ayala’s 2007 Nissan Sentra allegedly struck a 2002 Honda Accord being driven by Valez.

Ayala allegedly fled the scene of the accident, but a person who witnessed the crash followed her car and eventually forced her to pull over about six blocks from the location of the collision, according to sources.

When Ayala was questioned by officers after the accident, she claimed that she tried to check on Valez following the collision, but that she decided to leave the scene because she felt “scared” due to the presence of a man who was screaming at her.

Car Accident Lawsuit

Interestingly, when police took Ayala into custody, they did not test her for alcohol, because they claimed she did not appear to be intoxicated. Nevertheless, the lawsuit filed by Valez alleges that Ayala was drunk at the time of the crash.

The plaintiff claims that she suffered back injuries and a concussion as a result of the accident, and that her medical costs amount to roughly $11,000.

Valez, however, will have to refute the testimony of Ayala’s father, Alberto Ayala, who claims that his daughter had not been drinking before the accident, according a statement given to the Connecticut Post.

Of course, Alberto Ayala has every incentive to make this claim, because not only is he the driver’s father, he is also named as a defendant in the car accident lawsuit.

Unfortunately for Christina Ayala, a native of Bridgeport, Connecticut, the pending personal injury lawsuit is the least of her legal concerns.

Sources say Ayala, who is serving her first term in the state legislature, was officially charged with failing to renew her driver’s registration, failing to obey a traffic signal, and evading responsibility.

During her latest court hearing, Ayala was told by her judge that she could accept a plea bargain offered by prosecutors or stand trial for her criminal counts.

Under the plea deal, Ayala would receive a suspended sentence and have an extended period of probation. Sources say Ayala has three weeks to make her choice.

By JClark, totalinjury.com

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

Woman Injured in Rail Crash Files Train Accident Lawsuit

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A 65-year-old woman who was injured in a dramatic train crash last month in Connecticut has filed a negligence lawsuit against Metro-North Railroad, according to a report from ABC News.

Sources say the woman, Elizabeth Sorenson, a resident of Bridgeport, Connecticut, suffered multiple bone fractures and remains in critical condition as doctors tend to a severe brain injury.

The lawsuit was the first claim filed by a victim of the crash that occurred on May 17. According to sources, the crash injured more than 70 people.

Sorenson’s personal injury attorney told sources that he filed the lawsuit in federal court in order to gain access to witnesses that observed the accident and to allow families of the victims to become involved in the investigation.

Sources expect more lawsuits to eventually be filed in the wake of the massive train accident, which happened at 6:10 p.m. on a weekday as the train carried 300 passengers from New York’s Grand Central Station to New Haven, Connecticut.

The train reportedly derailed near a highway overpass in the town of Bridgeport, and was then struck by a train holding 400 passengers that was headed the opposite direction.

The Damage Caused by the Accident

The damage caused by the accident was “absolutely staggering,” according to Connecticut Senator Richard Blumenthal, as he observed the scene. Sources say parts of the roof of some of the train cars had been torn off, and that some of the tracks were noticeably twisted.

Three people remain in critical condition after the accident, and the National Transportation Safety Board has launched a full investigation into the wreck.

Thus far, investigators have yet to isolate the cause of the accident, but the impact was so severe, some passengers initially thought it may have been caused by a bomb.

“We came to a sudden halt. We were jerked. There was smoke. People were screaming; people were really nervous. We were pretty shaken up. They had to smash a window to get us out,” said one passenger traveling from New York.

Another passenger told local sources that they “went flying” and reported that “one entire compartment was completely ripped open.”

Most of the 70 passengers who were injured received prompt treatment at the site of the accident, but three victims are still in critical condition, according to reports.

According to report from train officials, the tracks involved in the collision suffered “extensive infrastructure damage,” and the train involved in the accident will “need to be removed by crane” following a thorough investigation.

By JClark, totalinjury.com

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

$825,000 Verdict for Injuries from Truck Accident

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In a personal injury trial in the Stamford Superior Court a woman received $825,000 for injuries to her head and neck suffered in a collision with a large truck.

Case Details

The case involved a motor vehicle accident whereby, the plaintiff, Mrs. Hutter, was hit from behind by a large beer truck owned by DiChello Distributors. As a result of the collision, Mrs. Hutter sustained a number of serious injuries including injuries to her head and neck. She also sustained a mild traumatic brain injury.

During the course of a three week trial, the plaintiff presented a substantial number of witnesses to establish the significance of the impact and the extent of the injuries. The experts included an accident reconstruction expert from Maryland, a bio-mechanical expert from Virginia, a neurologist, a psychiatrist and a neuropsychologist.

In addition to the various expert witness, Mrs. Hutter also presented testimony from her friends who knew her before the time of the accident and were able to explain to the jury the significant change in Mrs. Hutter that occurred as a result of the incident.

The Verdict

After three weeks of evidence, the jury deliberated for two and one-half days and then rendered a verdict in favor of Mrs. Hutter in the amount of $825,000 including over $500,000 for compensation for her pain and suffering.

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

Flood of Lawsuits Suggests New York Hospital a ‘Deathtrap’

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Criticism of New York Hospital 

One of New York’s hospitals faces mounting criticism and risks losing federal and state healthcare funding because of widespread complaints of medical errors and shoddy practices.

In October, after a tragedy unfolded at Brookdale Hospital when a newborn died after he was admitted to the emergency room with a fever, an investigation by the city’s medical examiner determined that six month-old Amaan Ahmmad died because he was mistakenly given an adult dose of an antibiotic.

Since then, scrutiny of the hospital’s safety record exposed that Brookdale is defending a slew of lawsuits against it for medical malpractice. According to the New York Daily News, the once-respected Brooklyn hospital has over 100 live lawsuits against it for various acts of substandard care. A state department of health investigation uncovered multiple violations ranging from untested smoke detectors to misidentified blood samples to unsafe conditions for preventing airborne infections.

And a year ago, the hospital’s CEO David Rosen stepped down amid corruption allegations. He was later tried and convicted of trying to bribe three state politicians in return for beneficial treatment of the hospital. State politicians are now calling for changes to the leadership and management of the hospital.

Lawsuits Against the Hospital

On the legal front, some victims of the hospital’s alleged negligence will have a more difficult road to getting justice, thanks to a new state law.

The same month that baby Amaan died, the state legislature passed a tort reform statute that forces parents who sue over their newborn’s birth-related neurological injuries to put any winnings from such a lawsuit into a state fund.

Two lawsuits against Brookdale Hospital – both ending in patient deaths – hint at some of the underlying problems at the beleaguered medical center.

The First Case

In one case, an elderly patient developed bedsores that went untreated by doctors and nurses until she died shortly after.

Nora Stephens, a 92 year-old grandmother who moved to New York after a tough life of sharecropping in Virginia, entered the hospital with her “skin intact,” but developed pressure ulcers on her feet that worsened so quickly to Stage IV ulcers that she developed an infection and gangrene on both feet. Before she could have her feet amputated, she died.

“They didn’t do very basic things to take care of an elderly person not able to get out of bed,” such as turning her every two hours to make sure she did not develop ulcers, said Matthew Gammons, an attorney for Stephens’ relatives.

The Second Case

In a second case, Gammons alleges the hospital’s delayed treatment caused the death of a teenager who arrived at the emergency room with a head injury.

Eighteen year-old Corey Ray appeared “awake, oriented and agitated” when he was brought to the hospital by EMTs after being beaten up at a nearby park.

According to Gammons, the hospital breached normal practices by waiting two and a half hours to give the injured boy a CT scan, then delayed getting him a neurosurgeon for another five and a half hours. In addition to the delay, the neurosurgeon missed two other areas of bleeding in the boy’s brain and a post-operative CT scan wasn’t done until 10 hours after surgery, the lawsuit claims.

“By the time they read the scans, he had a massive hemorrhage in the back of his brain. They missed the ball. … To me, it epitomizes the lack of thoroughness of this hospital,” said Gammons.

He added that he will be looking into whether understaffing and lack of available specialists played a role in the two tragedies.

‘Radical’ New law

The number of lawsuits against a hospital may only represent a fraction of actual errors that take place.

“There may be hundreds of more legitimate cases that have not been brought and hospitals are never accountable for in terms of negligence,” said Joanne Doroshow, an attorney and consumer advocate.

It can be difficult for patients to find out about the history of a hospital, although consumers can look online to check if an individual doctor has a malpractice or disciplinary record, she added.

Recently, many hospitals say they have no money to improve patient care and have moved to cut back on patients’ legal rights, according to Doroshow. For example, for the youngest victims of medical errors in New York, a new law will make their families jump through another hoop to get future medical bills paid. The law requires that money damages awarded for future medical costs of babies who are injured during birth because of medical error go into the state fund. Doroshow criticized it as “a radical piece of legislation that severely cuts back on liability of hospitals when an injury to a newborn is birth-related.”

Besides forcing families who fight and win the long legal battle for their loved ones to then “beg” for money from the state to cover their child’s medical expenses, the new law is bad for patient safety because it takes away a financial incentive for hospitals to feel accountable, she said.

By: Sylvia Hsieh

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a medical malpractice claim, hospital negligence, or personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

$98,000 Settlement for Neck and Back Injuries after Broad-sided by Drunk Driver

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A Southbury resident received a $98,000 settlement of his lawsuit stemming from an accident where his vehicle was hit by an intoxicated motorist in a “hit and run” accident.     

The automobile collision happened on a local road in Southbury, Connecticut. The drunk driver defendant was operating a Ford F350 pickup truck which belong to the owner of an excavation company.

The intoxicated motorist crossed over the center of the road into the plaintiff’s travel lane causing the motor vehicle crash.  The plaintiff was forced off the road after being broadsided by the drunk driver.

While the defendant motorist fled the scene, he was later arrested by the Connecticut State Police and charge with DUI.

As a result of the accident the plaintiff suffered neck strain, headaches, lower back strain and tinnitus.  He was treated by a chiropractic physician for her neck and lower back strain and a neurologist for his headaches and tinnitus.  The lawsuit against the intoxicated excavator was settled for $98,000 to cover medical cost and property damage.

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

Personal Injury Claim: Mother to Receive $7M for Child’s Injury

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The parties in a personal injury case involving an unfortunate accident that caused traumatic brain injuries to an infant girl in New York have entered a settlement agreement just days before returning to the courtroom. Kenietra Grant is the plaintiff on behalf of her daughter, who was only two years old when her cranium was fractured in a 2008 motor vehicle accident. Ms. Grant will receive a settlement award in the amount of $7 million.

The Accident

The accident occurred on May 11, 2008. Ms. Grant and her daughter were traveling in a car driven by Sharnique Reynolds, who stopped the vehicle on the side of the road near the town of Tuxedo in Orange County, NY. According to counrt records from the Third Judicial Appellate Division, Ms. Reynolds decided to pull over after feeling overcome with drowsiness. Ms. Grants’ daughter was in the rear passenger seat when a car traveling at 65 mph struck Ms. Reynolds’ vehicle.

The driver of the striking vehicle, Estevan Nembhard, is a labor activist and organizer for Service Employees International Union. Mr. Nembhard was reportedly on his way back home from a meeting in Connecticut, where he met with future members of the labor union. The accident took place around 4:00 a.m. EST, and Ms. Grants’ daughter suffered traumatic brain injuries.

The Case

As the plaintiff on behalf of her daughter, Ms. Grant faced several challenges during her quest for relief. The case turned intricate with multiple defendants, various insurance companies, numerous motions and several cross claims. These are typical factors faced by catastrophic injury lawyers who represent the best interest of their clients in ruinous accidents such as the one suffered by Ms. Grants’ daughter.

Counsel for Mr. Nembhard’s employer has stated that the organizer was not performing the union’s work at the time of the accident. The union, however, has agreed to settle the case along with the insurers of the two vehicles involved in the collision.

By LaurenL, settlementboard.com

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County.

If you have any questions relating to a personal injury claim or an automobile accident claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com to get in touch with our Managing Partner, Joseph Maya.

Wrongful Death Suit: Texting While Driving Fatality

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Case Details

The family of a Utah boy who was killed in an alleged texting-while-driving accident is suing the driver who hit him for wrongful death. The accused driver, Jeffery Lloyd Bascom, is also facing criminal charges under the state’s distracted driving law.

Thomas LaVelle Clark, 15, was walking along a semi-rural road on the outskirts of the town of Vernal when he was hit from behind by a pickup driven by Bascom, 28. Clark was thrown 40 feet over a ditch and landed near a cow pasture, according to local news reports.

Bascom admitted to police on the scene that he was texting at the time of the accident. Utah makes homicide involving the use of a hand-held wireless communication device while driving a second degree felony, which carries a prison term of up to 15 years.

Not an Uncommon Incident

The Clark accident is far from an isolated incident, unfortunately. According to the National Safety Council, there have already been nearly 100,000 vehicle crashes in the country this year involving cell phone use, or one every 24 seconds. And the National Highway Traffic Safety Association reports that around 3,000 people were killed in distracted driving accidents in 2010. The Association further notes that cell phone users are 23 times more likely to be involved in a crash.

States are legislating to catch up with technology, but laws on phone use while driving vary across the country. Ten states plus Washington, D.C., ban handheld phone use by drivers across the board. An additional 29 ban text messaging only.

A Strong Stance

Utah’s distracted driving law was updated last year to ban any cell phone use while driving, with the exception of making a call or using GPS. Violators can be charged with a misdemeanor, with heightened penalties if there is an injury involved. A felony, like in Bascom’s situation, comes into play when there is loss of life.

“Utah has taken a strong stance on this growing problem,” says Anthony C. McMullin of the McMullin Legal Group in St. George, Utah. “Utah’s 2012 amended texting law makes it much easier for prosecutors to successfully charge and convict violators.”

Plaintiffs could potentially bring a wrongful death or personal injury lawsuit regardless of the criminal laws surrounding an accident, but the existence of specific language for distracted driving can make it easier for attorneys to show a driver was at fault. “Utah’s newly amended texting law also has civil implications,” McMullin says. “The new law heightens the responsibility and duty of all drivers when they get behind the wheel. A driver’s duties include keeping one’s vehicle under control, maintaining a proper lookout and obeying the motor vehicle laws of the State of Utah.”

Texting and Driving Accidents

Texting drivers leave a trail of evidence behind them. Police can check a phone at the scene or, barring that, investigators or attorneys can subpoena phone records from the carrier to find out if a driver was sending any messages at the time of an accident, making it likely that they will be held accountable for their actions.

“If a person is texting or otherwise operating a cell phone while driving and that usage results in a motor vehicle accident, it is typically very easy to establish a breach of the driver’s duties,” says the attorney. “Bottom line is if a driver causes an accident while texting, they may not only be charged criminally but will almost certainly be civilly responsible for any injured parties damages.”

By: Aaron Kase, Laywers.com

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or wrongful death suit or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com to get in touch with our Managing Partner, Joseph Maya.

$49,500 Settlement against Distracted Driver

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A contractor from Bethlehem, Connecticut received $49,500 in a civil settlement for injuries sustained in an auto collision when his truck was rear-ended by a distracted driver.

The plaintiff was rear-ended while stopped on a road in Westport, Connecticut. As a result of the collision, the plaintiff suffered an aggravation of cervical spondylosis and required physical therapy and cervical injection therapy.  While no neck surgery was performed, medical examination reported the plaintiff was left with an impairment of the cervical spine, a condition that was contested by the insurance carrier for the defendant.

The defendant was a young professional from Trumbull Connecticut.  After the collision, an open laptop computer was found on the defendant’s front passenger seat in the automobile.  The defendant admitted negligence, admitting to both taking his eyes off the roadway as well as rear-ending the plaintiff at an impact speed of 25-30 miles per hour.

The lawsuit was settled for $49,500 before trial after discovery was complete and a medical examination was performed.

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to an automobile accident or a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

Connecticut Now Requires Insurers to Prove Prejudice from Late Notice of Claim

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Most insurance policies require the insured to give the carrier notice of a claim “as soon as practical,” or words to that effect. For the past 24 years, in order to avoid denial of their claims, Connecticut has required policyholders to demonstrate that their insurance company was not prejudiced on the ground of late notice.  The Connecticut Supreme Court recently reversed itself to the extent prior law allocated to the insured the burden of disproving prejudice.  In so doing, Connecticut joins the vast majority of states that require carriers to prove prejudice as a result of late notice of claims in order to deny coverage on that ground.

Case Details

Arrowood Indemnity Co. v. King, 304 Conn. 179 (2012) arose from an insured’s son towing a friend on a skateboard behind an all-terrain vehicle.  The friend fell and was severely injured.  The respective families continued to socialize and there was no mention of the commencement of litigation as a result of the incident.

Nearly a year later, the insured got a not-so-friendly letter from the attorney representing the friend’s family informing them of a potential lawsuit.  Then, and only then, did the insured’s family report the incident to their insurance company.  The insurance company declined coverage, in part, on the basis of an untimely claim.  Under preexisting law, in order to obtain coverage, the insured would have to prove that the carrier was not prejudiced by the delay.

The Connecticut Supreme Court used Arrowood as an opportunity to overrule its 1988 decision that allocated to the insured the burden of disproving prejudice to the insurance company.  The Court had earlier opined that a strict litmus test of delayed notice (without regard to actual prejudice) would likely result in the forfeiture of insurance coverage. Now, post-Arrowood, the burden of proving prejudice from delay is on the insurer.

As a practical matter, it is the insurer that is best able to assess and prove any prejudicial effect of delay on its investigation of a claim or the mounting of a legal defense.  The result should be better-informed trial court decisions on the existence or extent of prejudice to carriers from delayed notice.  Connecticut policyholders are better off as a result as they are more likely to be able to access the insurance coverage for which they have over years paid premiums.

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The commercial litigation attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of insurance-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport, and Fairfield in resolving such issues. Please contact our Westport office by phone at (203) 221-3100

Couple Injured by Out-of-Control Dump Truck Wins $10 Million

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A couple injured in a multi-car wreck caused by an out-of-control dump truck won a jury award of more than $10 million.

Theodus Williams was driving a 1979 Mack dump truck for Valvano Construction Inc. when he lost control of the truck that was loaded with stone. He hit a line of cars on a city street causing a chain reaction.

One of those cars then hit Robert and Holly Ann Kuchwara’s car and sent the couple’s Toyota SUV into a utility pole, fracturing Holly Ann’s vertebrae, shattering her ankle, and leaving her with head trauma.

The couple sued the construction company and its driver and claimed the dump truck was unsafe for driving.

Their lawyer, Joseph Quinn, had evidence of police charges against the company and the driver for 12 violations each. According to those charges, the truck had faulty brakes and steering problems, and Williams was driving with an expired medical certificate.

The jury gave the couple $9.1 million to compensate for their injuries and an extra $1 million to punish the company and driver.

“Obviously we’re thrilled with the verdict after a case in which there was no offer of settlement,” said Quinn. “The jury accepted the finding of the state police that the truck should never have been on the road.”

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to an automobile accident claim or personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com