Should I Hire a Lawyer for a Minor Car Accident?

It's just a little fender bender, right? Doesn't look like anyone was really hurt, so we can just exchange some insurance information and be on our way, right?

Well, maybe not. Depending on the accident, the damage to the vehicles, and any potential injuries, a minor car accident can turn into a major legal battle. So how do you know if you need to hire an attorney after a car accident?

Lawyering Up

In most minor car accidents, simply filing an insurance claim with your insurance company -- or the other drivers' -- is the easiest and quickest way to repair vehicle damage or cover any medical expenses. You could also take a claim to small claims court, if the other driver was not insured, or if their insurance company declines to cover damage or injuries. Most of which can be done without the assistance of an attorney.

But there are some situations when you might want a lawyer's help:

• If there's a dispute about who's at fault;
• If there's a dispute over how much you have to pay or how much you'll receive;
• If a serious or lingering injury resulted, especially injuries that require ongoing medical care;
• If you're being taken to court, by the other driver or their insurance company; or
• If you just don't want to have to handle your own claim.

Disputes over liability or compensation may need to be resolved in front of a judge or jury. And if you're going to court, a lawyer can definitely help. And if you're being sued after a car accident, defending yourself in court may sound a lot easier that it actually is.

Attorney Assets

An experienced lawyer will know the local court system and how car accident cases are handled. She'll know what evidence is needed in court, how to gather it, and how to best negotiate a fair settlement with the other side. Car accident claims, even minor ones, can take years to resolve and may require a significant amount of time and effort. Having an experienced lawyer on your side can take the pressure off, prevent you from agreeing to an unfair settlement, and make sure you don't miss an important deadline in your case.

If you want to talk to an experienced car accident attorney about your case, they are only a click or call away.

Related Resources:

• Find Car Accident Lawyers Near You (FindLaw's Lawyer Directory)
• 5 Things a Car Accident Lawyer Can Do (That You Probably Can't) (FindLaw's Injured)
• How Much Does a Car Accident Lawyer Cost? (FindLaw's Injured)
• 5 Questions to Ask Your Car Accident Lawyer (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/08/should-i-hire-a-lawyer-for-a-minor-car-accident.html

Homeless Vet Sues to Recover $400K GoFundMe in His Name

You may have heard the story last year about a homeless vet giving his last $20 to a woman who had run out of gas near Philadelphia. And you might remember that woman and her boyfriend started a GoFundMe for the man, raising funds for food, shelter, and clothing, a campaign that apparently raised nearly $400,000.

What you might not have heard is that vet, Johnny Bobbitt, is back on the street, still addicted to drugs and panhandling for money. Bobbitt is claiming that the couple, Katie McClure and Mark D'Amico, have mismanaged the funds meant for him, and withheld almost half the money raised. He's now suing McClure and D'Amico, seeking a full accounting of the GoFundMe account, and blocking the couple from using any remaining funds.

Never Going to Give Him the Money?

Last week, Bobbitt told the Philadelphia Inquirer he was worried the couple squandered much of the money, and there may be little left of the funds meant for him. "The first thing on the list," read the GoFundMe posting, "is a NEW Home which Johnny will own!!" The couple instead allowed Bobbitt to live in a camper on rural land owned by McClure's family. The promise of his "dream" pickup -- a 1999 Ford Ranger -- instead became a used SUV that often broke down.

Bobbitt, who admittedly has been in and out of rehab twice since last year, also found it curious that the couple (a receptionist for the New Jersey Department of Transportation and a carpenter) could suddenly afford a new BMW and vacations to California, Florida, and Las Vegas, including a helicopter tour of the Grand Canyon.

The couple denied any wrongdoing, contending they never gave Bobbitt direct access to the funds because he couldn't be trusted. He once burned through $25,000 in less than two weeks, they claimed, and stole from them to feed his drug habit. D'Amico also claims he gave McClure the BMW as a gift, and vacations were paid for by shows that invited them on to talk about the GoFundMe campaign. It's safe to say the once rosy relationship has soured. D'Amico told Philly.com that giving Bobbitt money while he was addicted to drugs would be like "giving him a loaded gun."

"Giving him all that money, it's never going to happen," D'Amico said. "I'll burn it in front of him."

Legal Relief

Lawyers for Bobbitt filed a suit this week, alleging D'Amico and McClure deposited the money into personal accounts, seeking an injunction against their access to the funds, and requesting a "guardian ad litem" be appointed for Bobbitt. The lawsuit also claims the couple committed fraud and conspiracy by taking for their personal use a "substantial portions of the money raised," and seeks monetary relief for funds that should've gone toward getting Bobbitt off the streets.

McClure and D'Amico "conspired to utilize [Bobbitt's] money to enjoy a lifestyle that they could not afford. Defendants admitted to commingling the funds raised for [Bobbitt] in their own personal accounts and have denied [him] access to the account," according to the lawsuit. GoFundMe has also gotten involved, to make sure money donated has not been mismanaged.

Related Resources:

• Homeless Again, Johnny Bobbitt Can't Get His GoFundMe Money (Philadelphia Inquirer)
• Legal Tips for Planning Your Crowdfunding Campaign (FindLaw's Free Enterprise)
• Getting Paid: Collecting on a Judgment or Jury Award (FindLaw's Injured)
• What Is a Court-Ordered Constructive Trust? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/08/homeless-vet-sues-to-recover-400k-gofundme-in-his-name.html

Domestic Violence Victim Sues State for Failing to Protect Her

A mother and her children are suing the state of Victoria in Australia after two of its towns failed to protect them from domestic violence. The state had asked the judge for a summary ruling dismissing the case, but the judge felt he couldn't do that in good conscience. Though she had a protective order in place from her abusive ex-husband, the police failed to take action after she and her children were assaulted, and the police failed to protect the family on at least six occasions when she contacted them for protective help. 

This is the first time a case of this kind has been able to be brought before a judge in Australia, and opens the municipality up to liability over the police's breach of duty. Traditionally, police have not owed victims a duty of care. This case may change that.

Dropping Off a Drunken Abuser Within 40 Meters of a Protected Zone is Careful?

In this case, the plaintiffs claim that they were assaulted by the man 19 different times. The woman was afraid to press charges given the frequency and severity of the beatings. The only protection she had was the protective order that he stay 100 meters away from them. She would call the police if he came nearer, and sometimes they would bring him to the police department. But later, they would drop him off just 140 meters away from her home, 40 meters outside of the protected zone. Once, after the police dropped off the intoxicated man at the 140 meter mark, he came to the family home and assaulted them again.

Unique Case of Police Liability

Here in the U.S., police can be held liable for injuries brought about by their failed duty of care. In a 2013 landmark case, the Washington State Supreme Court found that the police were liable for failing to use reasonable care in executing a restraining order between a woman and her ex-boyfriend. They were instructed to bring an interpreter, and told it could get violent. Instead, they used standard operating procedure. The man came back later, after the police left, and killed the woman. In ruling for the family of the deceased woman, the court stated that the city had a duty to serve the protective order on the abuser, but because it had a duty to act, it had a duty to act with reasonable care, and had a duty to guard against future danger. The city failed on all accounts. The judge ordered the city to pay the family $1.1 million in damages.

The Washington case state is unique. Other similar outcomes may not exist primarily because such suits may seem futile. In every jurisdiction, police officers have some level of immunity that prevents a criminal charge or civil lawsuit from going forward. So even if the plaintiff does have a case, it will be dismissed. Only if the officer has acted in "bad faith" can that immunity be pierced, such as maliciously not enforcing a protective order for his own benefit.

If you have been the victim of domestic violence, speak with a domestic violence attorney to get a protective order. Though it may not seem like enough, hopefully one day in the near future, in will set a standard for a duty of care that will keep you safe, and serve as a basis for police liability.

Related Resources:

• Find a Domestic Violence Attorney Near You (FindLaw Lawyer's Directory)
• Top 5 Legal Questions for Victims of Domestic Violence (FindLaw Law and Daily Life Blog)
• What You Need to Know About Suing the Police (FindLaw Injured Blog)

from Injured http://blogs.findlaw.com/injured/2018/08/domestic-violence-victim-sues-state-for-failing-to-protect-her-1.html

Family Sues After Emergency C-Section With No Anesthesia

Delfina Moto and her boyfriend, Paul Iheanachor, filed a medical malpractice, assault and battery lawsuit against the San Diego's Tri-City Medical Center for $5 million, claiming they failed to administer anesthesia prior to performing an emergency c-section to deliver their baby girl. Though it has been eight months since the birth, Moto is still in pain from the procedure; the pain medications she has been prescribed only make her drowsy. The situation has put a strain on the couple, given Moto's post-traumatic stress disorder, and has even impacted the mother-baby bond, the parents claim.

Horrific Screams From Lack of Anesthesia

The patient and husband claim she did not receive any anesthesia. Normally in emergency c-section surgeries, regional anesthetic is given to minimize pain and risk of death to the mother. In this case, Moto claims she told the delivering doctor that she had feeling in her abdomen, and asked that they not cut into her yet. The anesthesiologist was not in the room, and Moto wanted to wait for him. The physicians felt they couldn't wait, and began the procedure. Moto "horrifically screamed" from the pain, and upon feeling them reach into her body to deliver the baby, passed out.

The hospital claims, however, that she did receive anesthesia. In a recently released statement, the hospital states, "While we normally don't comment on pending litigation, the patient's public discussion of the care she received during her emergency C-section compels us to address this outrageous allegation. The patient was administered anesthesia prior to the surgery. We are pleased that the baby is 'healthy' and 'happy.'"

Obstetrics Anesthesiology Settlements on the Decline

Medical malpractice claims can be difficult to prove, but if successful, can be highly lucrative for the plaintiff, with obstetrics anesthesiology claims reaching in the millions of dollars. However, since 1990, there has been a decrease in the median payment made in lawsuits involving obstetrics anesthesiology. Most claims arise from birth defects and maternal deaths during delivery, with limited data available for situations such as Moto's. Prior to 1990, the average settlement was $455,000. Since 1990, adjusting for inflation, the average settlement is $222,000.

If you or someone you love has been the victim of medical malpractice, contact a local medical malpractice attorney. These cases are very dependent upon the specifics of each case, and only a legal expert can decide if your case is actionable.

Related Resources:

• Find a Medical Malpractice Lawyer Near You (FindLaw's Lawyer Directory)
• Suing for Cesarean Section Medical Malpractice (FindLaw Injured Blog)
• When Can I Sue My Obstetrician or Gynecologist? (FindLaw Injured Blog)

from Injured https://blogs.findlaw.com/injured/2018/08/family-sues-after-emergency-c-section-with-no-anesthesia.html

Illinois City Liable for Trip and Fall Accident Injury

In Danville, Illinois, a woman tripped and fell while walking on an uneven sidewalk. The lower court dismissed the case, claiming the city was immune from such cases. However, the Illinois Supreme Court overturned the lower court ruling, and decided that the common law duty for a city to keep its sidewalks in safe working order outweighed the sovereign immunity normally granted to municipalities in negligence cases.

The city pleaded with the court that such a ruling would not only open the floodgate to further lawsuits throughout the state, but also increase the city's liability insurance. The court still believed the woman that tripped and fell on the sidewalks was due some level of compensation from the city. The case was referred back to the lower court to be decided.

Trip and Fall Sidewalk Cases -- Proving Negligence

People tripping and falling due to cracks in the sidewalk are not uncommon. However, whether or not an injured party can prevail in a lawsuit over a city, or anyone for that matter, is not clear cut. A plaintiff would have to prove a case of negligence, specifically, that the sidewalk was not kept in a good state of repair, and that the city should have known about it. How is this proven? Through a variety of factors, including the location of the sidewalk, the size of the crack, how long the crack had been there, and if the city had total control and responsibility over the sidewalk.

Piercing Sovereign Immunity

Most cities enjoy some level of sovereign immunity, which means that even if the city is found liable, it won't have to pay out any money. However, plaintiffs can try to "pierce" this immunity, as in the case in Illinois, and seek judgment. This varies by city, but it is becoming increasingly available in instances like sidewalk cases, where the sidewalk is totally in control of the city and they should have known there was a problem. However, a city will rarely admit this and hand over any money. A plaintiff will have to fight for it.

Sidewalk cases can be very tricky. Generally, plaintiffs must inform the city of an injury within 30 days, and the city will undoubtedly try to fix the sidewalk as soon as possible so that others won't be similarly injured. (Also, when you inform the city, they have notice of the faulty sidewalk, so now they are really liable for future injuries!) If you are injured by tripping on a sidewalk, contact a local personal injury attorney immediately. They will inform you of important deadlines in your area, best steps to take immediately, and how to move forward to best seek compensation.

Related Resources:

• Find a Personal Injury Attorney Near You (FindLaw's Lawyer Directory)
• Can You Really Sue City Hall? (FindLaw Injured Blog)
• Injured in a Park? Here's How to Sue (FindLaw Injured Blog)

from Injured https://blogs.findlaw.com/injured/2018/08/illinois-city-liable-for-trip-and-fall-accident-injury.html

Can Plastic Surgeons Post Your Nude Pics to Their Website Without Your Permission?

If you've gotten some cosmetic surgery, you'd probably want to show off the new you. And it's understandable that plastic surgeons and clinics would want to show off their good work as well. But some of that work can be pretty personal, and while you can choose whether and how to show off your new body, does that mean surgeons and clinics can post whatever photos they want online, without your permission?

A Georgia woman is suing an Atlanta-area plastic surgery clinic, claiming they posted nude photos of her, including identifying tattoos, on their website, and those photos are still online, including Yelp and Facebook.

The Ultimate Invasion of Privacy

The suit was filed on behalf of Jane Doe, a grandmother who was horrified to find "nude pictures of her entire body" had been "prominently exposed and displayed" on Celebrity Body Sculpting and Cosmetic Surgery Center's website. "I was just sick," the woman told Fox 5 Atlanta. "I am still sick when I think about it because I carry myself in a dignified way. I never signed anything authorizing them to use any pictures of me. No photos were ever mentioned."

According to the lawsuit, the photos showed identifiable and recognizable tattoos on her body, and, while she signed a "Notice of Privacy Practices Acknowledgment pursuant to the Health Insurance Portability & Accountability Act of 1996 (HIPPA)" prior to her initial exam, she never provided a release for photos to be published.

"Given what she does for a living and the public arena in which she needs to operate, this is the ultimate invasion of privacy," the woman's attorney, Ricardo Mosby, explained. And while the clinic removed the photos from its own site, they remain available online. Doe's lawsuit is claiming invasion of privacy, violation of state and federal health care laws, and intentional infliction of emotional distress, and is seeking injunctive relief and punitive damages.

Procedures and Privacy

This is not the first time plastic surgeons have gotten into trouble for posting client photos without permission. Last year, a Chicago woman sued a plastic surgeon who posted before-and-after photos of her breast augmentation procedure after the woman specifically crossed out that section of her release form. And another Chicago surgeon got into hot water after posting before-and-after pictures of the woman's nasal reconstruction surgery on his website and labeling them "cocaine nose."

Public disclosure of private facts can be the basis of an invasion of privacy claim. And the Health Insurance Portability & Accountability Act generally prohibits doctors and medical professionals from releasing any individually identifiable information that relates to the physical or mental condition or the provision of health care to an individual, without that person's express permission.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Key Questions To Ask Your Plastic Surgeon Up Front (FindLaw's Injured)
• Can You Sue for Plastic Surgery Results You Don't Like? (FindLaw's Injured)
• 7 Common Ways That Plastic Surgery Can Go Wrong (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/08/can-plastic-surgeons-post-your-nude-pics-to-their-website-without-your-permission.html

Anti-Autism Bias Case Against Disney Revived

An 11th Circuit Court has overruled the summary judgment motion granted to Disney in 30 federal lawsuits alleging Disney has violated its duty to autistic children at its amusement parks. This ruling will give plaintiffs an opportunity to have their claims heard in court.

What Is Autism Spectrum Disorder?

Autism spectrum disorder (ASD) impacts a child's ability to express emotions and thoughts correctly, and often makes it very difficult to consistently use appropriate behavior. ASD impacts approximately one in every 68 children born in the U.S. The American with Disability Act (ADA) prohibits discrimination against disabled individuals in certain instances. ASD is considered a disability under the ADA.

Disney Claims It Gives Enough Assistance

At issue is whether autistic children and their families should be granted near-immediate access to rides and repeat rides under Disney's Disability Access Service (DAS) program. Disney claims that this request has to do more with the families who do not want to bear the burden of dealing with the autistic children's inability to wait. Disney claims that surely these children had to wait in some sort of uncomfortable situation (car, plane) in order to get to the theme park. Though the federal court saw Disney's point, the 11th Circuit didn't, and claimed this was a factual dispute, and undoubtedly different among every autistic plaintiff. Therefore Summary Judgment shouldn't be awarded.

Disney also claims it does offer quick access to rides through its DAS Card, similar to a FastPass to all autistic guests free of charge, but there is sometimes a 15 minute wait. Disney eliminated the front-of-the-line disabled protocol after there was widespread abuse, mostly by wealthy people who were not clinically disabled. Therefore, Disney asserts, the DAS Card strikes the best middle ground between quick access and truly disabled guests. Though that may be true, the 11th Circuit again felt that there were too many material issues of fact at play, and that they should each be heard at trial.

Disney is no stranger to disability suits. In 2014, Disney was sued by parents of children with developmental disabilities, claiming Disney failed to accommodate their needs and actively dissuaded their presence at Disney theme parks. This suit came on the heels of the elimination of the front-of-the-line protocol. The courts eventually found in favor of Disney.

If you or your loved ones believe their civil rights, as protected by the ADA, have been violated, contact a local discrimination attorney, who can listen to your situation and advise you on best legal courses of action.

Related Resources:

• Find a Discrimination Attorney Near You (FindLaw's Lawyer Directory)
• 5 Legal Tips for Parents of Autistic Children (FindLaw Law and Daily Life)
• Speaking Up for Special Needs: Autism Discrimination in Public Schools (FindLaw Law and Daily Life)

from Injured https://blogs.findlaw.com/injured/2018/08/anti-autism-bias-case-against-disney-revived.html

Doctor Removed Wrong Organ, Lawsuit Claims

In South Dakota, Dena Knapp went into surgery to remove a mass on her adrenal gland. She came out with the mass still intact, but missing a kidney. Adrenal glands are located on top of each kidney, and evidently, the surgeon got confused. Though he did get the memo the day prior of what to remove, and he did get the memo following surgery that he had removed the wrong organ, he continued to misrepresent the situation to his patient for days.

She finally had the correct procedure performed, but at a different hospital in Minnesota, and is now suing for the loss of her healthy kidney.

Knapp's Botched Surgery

Knapp went into surgery on October 5, 2016 to have her right adrenal gland, and its corresponding mass, removed. Later that day, the pathology department at Avara McKennan Hospital informed Baker that he had removed her kidney, not her adrenal gland. In fact, the adrenal gland, and its mass, were still inside Knapp. On October 7, 2016, Baker told Knapp that he hadn't heard back yet from the hospital regarding the biopsy of the adrenal mass, and then on October 11th, told Knapp that he "did not get everything" and Knapp needed another surgery. "Did not get everything"? That's a gross misrepresentation of what happened, to say the least.

Since the surgery, Knapp claims she has succumbed to an incurable progressive kidney disease in her remaining kidney, and that she suffers from pain, fatigue, depression, and mental distress as a result of the doctor's malpractice. The filing also claims Knapp has incurred expenses in excess of $96,000 and $42,000 worth of earnings; these expenses will undoubtedly continue to rise before the case is settled or adjudicated.

Legal Remedy for Wrong-Site Surgeries

The hospital has already barred Baker from further surgeries. In most wrong-site surgeries, medical malpractice is rather easy to prove. But unfortunately, the settlement or award amount can be surprisingly low. In one study, only a third of wrong-site cases result in a malpractice suit, and the average payment was less than $81,000 in cases resulting in a lawsuit and $47,000 in those resolved without legal action. These are likely where there was little irreparable injury to the plaintiff.

However, in 2013, a Pennsylvania jury awarded a 54 year old man $620,000 for pain and suffering plus $250,000 in punitive damages, after it was found his surgeon was "recklessly indifferent" in removing the wrong testicle. And in 2010, a jury awarded $20 million to a 15 year-old Arkansas boy who was left psychotic and with severe brain damage following surgery on the wrong side of the boy's brain. In that case, the error was not disclosed to his parents for over a year.

If you have been the victim of a wrong-site surgery, or any other form of medical malpractice, contact a local medical malpractice attorney. An experienced attorney can go over the specifics of your case and offer you legal guidance on how to proceed.

Related Resources:

• Find a Local Medical Malpractice Attorney (FindLaw's Lawyer Directory)
• Botched or Wrong-Site Surgery Lawsuits: 3 Legal Questions (FindLaw Injured Blotter)
• Doctor Removes Wrong Kidney: A Reminder About Wrong-Site Surgeries (FindLaw Injured Blotter)

from Injured https://blogs.findlaw.com/injured/2018/08/doctor-removed-wrong-organ-lawsuit-claims.html

Lead Found in NC Schools Drinking Water

Lead poisoning of school-aged children is unfortunately back in the spotlight, this time in the Charlotte-Mecklenburg, North Carolina area. Last year, 58 schools voluntarily tested the drinking water in local schools, and nearly half showed high lead levels. Results started posting earlier this week, reporting at least 27 schools had lead levels at the action-level 15 parts per billion (ppb) or greater. Some had lead levels as high as 100 ppb.

Lead Levels Three Times Higher Than Flint Water

To put this in perspective, the Environmental Protection Agency states that there is no safe level of lead in water, which has been proven to cause health problems ranging from stomach aches to irreparable brain damage. At 5 ppb, many cities issue a "cause for concern" warning. At 15 ppb, the EPA dictates that the water system must undertake a number of action items to control corrosion, pursuant to the Safe Water Drinking Act. Two years ago, during the height of the Flint, Michigan water crisis, lead levels there were at 26 ppb. At 100 ppb, the lead level in the North Carolina school water is almost four times that of Flint, and over six times the actionable EPA level.

Schools Self-Declare Water Is Now Safe

With schools about to re-open for the year, the district emphasized that the lead-contaminating culprits were plumbing fixtures, not the water supply itself. The schools have made some repairs and replacements, and claims many of the fixtures haven't been used for a while since they are in areas inaccessible to students. However, the district claims the study focused on points of consumption such as kitchen sinks, water fountains and ice machines, which seem to offer water frequently consumed by students.

For water outlets that still have high lead readings after fixture changes, the district will put up signs saying that the water isn't fit for consumption. It is assumed that Trillium Springs Montessori will have one of these signs, where there was a reading of 430 ppb on the first lead test, though it did drop to 100 ppb after the line was flushed. Perhaps six times the EPA warning level at a pre-school earns some warning signs.

If you are concerned that there are high levels of lead in your water, or in the water your children consume at school, contact a consumer protection lawyer in your area, who will listen to the facts or your case, and help you get the best possible outcome.

Related Resources:

• Find a Consumer Protection Lawyer Near You (FindLaw Lawyer's Directory)
• Study: Lead in Flint's Water Caused Infertility, Fetal Deaths, Miscarriages (FindLaw's Injured Blog)
• More Public Officials Charged in Wake of Flint Water Crisis (FindLaw Blotter)

from Injured https://blogs.findlaw.com/injured/2018/08/lead-found-in-nc-schools-drinking-water.html

Colorado Settles Strip Search Lawsuit for $1M

In March 2015, a division director in the Colorado Department of Health and Human Services ordered 60 residents of the Pueblo Regional Center to be strip searched. The residents were developmentally disabled patients of the center, and DHA officials never sought consent from the patients, their families, or legal guardians. According to a lawsuit filed later, the aggressive strip searches included hands-on genital manipulation of the patients, many of whom had histories of physical and sexual abuse.

The state settled those claims this week, agreeing to pay $1 million to the families of the victims, and institute other reforms.

Nonconsensual Strip Searches

DHS officials attempted to justify the searches by claiming there had been incidents of patient abuse, but later admitted to investigators they made no attempt to contact the families or legal guardians of the residents to get consent for the searches. (An investigation by the Pueblo County Sheriff's Office resulted in just one charge against a Pueblo Regional Center staff member.)

Staff also protested the searches without guardian consent but were told the body inspections were mandatory and needed to be done immediately. According to the lawsuit filed on behalf of the patients:

On or about March 25, 2015, Division Director for Regional Center Operations Defendant Tracy Myszak directed nearly a dozen of her subordinate Defendants at CDHS [Colorado Department of Human Services] to storm into the Pueblo Regional Center without notice and conduct warrantless, nonconsensual strip searches of most or all of the residents, including hands-on genital contact in many cases ...
Even if the residents had been given the opportunity to refuse or consent to these illegal searches -- which they were not -- most of the residents were legally incompetent to consent, and Defendant CDHS and its Defendant agents never sought or received consent from their legal guardians.
These compulsory, unlawful strip searches and the associated nonconsensual genital contact foreseeably caused profound distress to the victims who were strip searched, many of whom have histories of physical and sexual abuse, and all of whom are particularly vulnerable to suffering deleterious effects from such a brazen exploitation of power.

Search Settlement

Along with the monetary compensation to the patients, the settlement calls for the Colorado Department of Human Services to provide new training for staff incident reporting rules, facilitate regular meetings with patient families, and increase pay for staff at the center, among a list of other reforms.

Related Resources:

• Colorado Agrees to $1M Settlement Over Strip Searches (AP)
• N.M. Man Sues Over Multiple Anal Cavity Searches (FindLaw's Injured)
• DUI Strip Search Settlement Costs County $355K (FindLaw's Injured)
• Traffic Stop Anal Probe Settlement: $1.6M (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/08/colorado-settles-strip-search-lawsuit-for-1m.html

Uber Sued After Driver's Multiple Sexual Assaults

Uber is the target of yet another sex crime lawsuit, this time concerning a driver who purportedly is a repeat offender. The driver, John Kyle Lane, sexually exposed himself to a rider just days after he had sexually assaulted another rider in a nearby town. 

In this suit, the two women claim the company was negligent in its retention of Lane after the first incident, and are seeking at least $25,000 in damages yet to be determined.

Victim #1, Sexual Assault

In Chattanooga, Tennessee, a woman was sexually assaulted by Lane on July 22, 2017. The victim contacted the local police and Uber immediately. Uber replied the next day that they had launched an internal investigation, refunded her fare, and placed a restriction on her profile so that the two would never be paired again. Lucky for Victim #1, but not so lucky for Victim #2.

Victim #2, Indecent Exposure

On August 6, 2017, just fifteen days later, Lane picked up another Uber passenger, struck up inappropriate conversation, and exposed himself to her and demanded she touch him. This passenger immediately contacted local police and Uber. The company took six days to respond this time, and again promised an internal investigation, and that the driver wouldn't be paired with this rider again. (Evidently a rider needs to be actually assaulted to get a refund?) However, this victim told Uber she wanted Lane's account to be suspended, so that there would be no Victim #3. This time, Uber permanently banned Lane from the App.

Negligent Hiring and Retention by Uber

Uber has been hit with a multitude of negligent hiring claims in the past, including this one, for failing to exercise care and doing a sufficient background check on drivers. However, negligent retention has been less common. In a different case, Uber did continue to negligently retain a driver they knew had violently assaulted a woman months earlier, but that original victim was not an Uber rider. In this instance, Uber knew he had assaulted an Uber rider, chose to keep Lane on the App, and he committed a substantially similar crime on another Uber rider. It may be very hard for Uber to dodge liability for failing to "exercise reasonable care in retaining Lane and continuing to allow him to drive its customers", given Uber had actual knowledge of the first sexual assault claim.

In the meantime, Lane has been charged with stalking, harassment, sexual battery, and indecent exposure.

If you have been the victim of a sexual assault, especially by an employee or contractor, contact the police and a local sexual abuse attorney who is trained to listen to your case, and provide you with insight and legal counsel on how best to proceed.

Related Resources:

• Contact a Local Sexual Abuse Attorney (FindLaw Lawyer's Directory)
• Man Beaten By Security Guard Wins $58M (FindLaw's Injured Blog)
• Over 100 Uber Drivers Accused of Assault, Abuse (FindLaw's Injured Blog)

from Injured https://blogs.findlaw.com/injured/2018/08/uber-sued-after-drivers-multiple-sexual-assaults.html

Fatal Food Poisoning: English Mom Dies After Eating Uncooked Chicken in Greece

"Natalie started to eat hers and as she cut the chicken the chicken oozed red blood to which point I commented it looked bloody." Not the start you want to a meal while on vacation.

That was widower Stewart Rawnsley, describing food from a restaurant buffet in Corfu, Greece. His late wife, Natalie, immediately returned the chicken for another piece, but not before consuming a bite. That bite would turn out to be deadly, as Natalie's condition deteriorated from food poisoning to fatal over the course of that night. Natalie Rawnsley passed away less than 48 hours after consuming the uncooked chicken -- so what happened?

The Wrong Genes

"It seems like Mrs. Rawnsley had the wrong genes -- to put it crudely," infections expert Professor Sebastien Lucas told the Hertfordshire Mercury. "It depends on what your genes are. Assuming it is an E-Coli infection -- coming from uncooked chicken seems a very reasonable theory."

"There's a tipping point when it starts producing DIC," Lucas added. "By definition, once it starts doing that, you are doomed." DIC refers to disseminated intravascular coagulation, which happens when proteins that control blood clotting become overactive, causing small blood clots in the blood vessels and cutting off the normal blood supply to organs such as the liver, brain, or kidneys. Rawnsley was initially diagnosed with gastroenteritis, inflammation of the gastrointestinal tract that can be caused by ingestion of E. coli bacteria, and can be linked to DIC.

The Wrong Restaurant

"I screamed out and her brother screamed out," Stewart Rawnsley told a coroner's court, after Natalie's heart rate monitor became weaker in the hospital. "We were outside the door and they were in there five or ten minutes and then the same nurse came out and apologised as there wasn't anything more she could do, and Natalie died."

She had been moved to a hospital in Corfu after her condition worsened overnight. Stewart says Natalie started throwing up in the hotel bathroom around 3 a.m. and was still sick at 11 a.m. the next day. "The second doctor said because she had been sick for so long she needed additional medical help so she was going to the medical centre a number of kilometres away from the hotel," Rawnsley said. Doctors allegedly wanted to fly Natalie to a hospital on the Greek mainland, which had better facilities, her condition worsened, making travel impossible.

There's no word on whether Rawnsley will take legal action against the hotel that served the raw chicken. But lawsuits can be filed to hold restaurants accountable after food poisoning incidents, including wrongful death claims if the incident proves fatal.

Related Resources:

• Find Wrongful Death Lawyers Near You (FindLaw's Lawyer Directory)
• Top 5 Legal Tips for Food Poisoning Lawsuits (FindLaw's Injured)
• The 3 Most Common Types of Food Poisoning (FindLaw's Injured)
• When Can You Sue a Restaurant for Food Poisoning? (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/08/fatal-food-poisoning-english-mom-dies-after-eating-uncooked-chicken-in-greece.html

Can You Sue If Your Medical Device Is Hacked?

Once our medical devices became "smart," or even just dependent on embedded computer or radio components for communication, the possibility of hacking those devices became a reality. While much of the focus has been on hacking pacemakers, doctors writing in the Chicago Sun-Times point out that those aren't the only vulnerable medical devices. "Defibrillators, neurostimulators and implantable drug pumps, like insulin pumps, rely on the same embedded computers and software radios for their two-way communication, they noted, adding, "weak security features have left these devices potentially vulnerable to outside manipulation."

And if a medical implant is tampered with, what can you do about it? Here's what you can do if your medical device is hacked.

Keeping Pace With Hackers

The hacking possibility became all the more real when researchers Billy Rios and Jonathan Butt demonstrated a hack that compromised a CareLink 2090 pacemaker programmer this week. The pair had first warned Medtronic, the company that makes the CareLink, about the vulnerabilities in January 2017, according to Ars Technica, but Medtronic's response has left a lot to be desired. "The response from the manufacturer is so poor," Rios told Ars. "This is not some online video game where high scores can get dumped. This is patient safety."

For its part, Medtronic claims it addressed the issues already, releasing this statement:

In the accompanying Medtronic security bulletin, we communicated that our existing security controls mitigate the issue. Since that time, we also have made technical updates where these services are hosted to further strengthen security controls.
Medtronic recommends that customers continue to follow the security guidance detailed in the Medtronic 2090 CareLink Programmer reference manual

Hacking Liability

Of course, if a person's medical device is hacked, they are injured, and they can identify the hacker, they can file a personal injury lawsuit. (Beyond that, criminal prosecutors may file assault or cybercrime charges as well.) If the hacker is not found, however, a person may also have claims against the medical device manufacturer.

Medical device manufacturers have a duty to ensure their products are safe, and there are three main types of product liability claims for injured users:

• Defects in Design: The design of the medical device is flawed in a way that renders it unreasonably vulnerable to hackers.
• Defects in Manufacturing: The device is manufactured in a way that departs from the intended design, leaving it open for hacks.
• Defects in Warnings: The manufacturer failed to provide adequate instructions or warnings regarding the possibility for the device to be hacked.

An experienced personal injury attorney can help evaluate your case and file a claim if you or a loved one has had a medical device hacked.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Ask the Doctors: Hacking Into Medical Devices Is Theoretical Possibility (Chicago Sun-Times)
• Millions of Medical Devices Are Vulnerable to Hacking (FindLaw's Technologist)
• Have Your Medical Records Been Hacked? Probably. (FindLaw Injured)

from Injured https://blogs.findlaw.com/injured/2018/08/can-you-sue-if-your-medical-device-is-hacked.html