Wrongful Death from Septic Infection Results in a $3 Million Jury Verdict for the Plaintiff

In Myrtle Beach, the Grand Strand Regional Medical Center and Dr. Stephen Law will be required to pay a $3 million verdict after they were unable to sufficiently defend themselves to a jury’s satisfaction in a civil medical malpractice case.

21245078_BG1The plaintiff, Sean Fay, filed the medical malpractice lawsuit after his wife died. She’d originally been admitted to the Grand Strand Regional Medical Center after complaining about severe back and stomach pain.

Dr. Law diagnosed Fay with a kidney stone and gave her a prescription for pain medication before discharging her. He also scheduled a return appointment. Fay never kept that appointment. She died from septic shock approximately 48 hours after seeing Dr. Law.

Symptoms of the type of septic infection that led to Fay’s death include a high respiration and heart rate, abnormal temperature, and an increase in the white blood count. As the infection grows worse, the body goes into septic shock at which point organ damage and failure can occur. At this point 20-35% of all cases result in death.

It’s the jury’s finding that had Dr. Law and the medical center not been negligent, Fay may have lived through the ordeal. They also stated that the felt some of the blame for her death was on Fay’s part since he failed to return her to the hospital when it became apparent that the pain medication wasn’t working and her medical condition was growing more severe.

NJ-Medical-Malpractice-Lawyers-5Hospital officials state that they are not happy with the jury’s ruling and that they are in the process of discussing appealing the ruling with their legal team.

This isn’t an isolate incident. It’s believed that anywhere from 44,000 to 100,000 American deaths are the result of medical malpractice each year. Every single year, there are stories about patients who died as a result of delayed treatments, surgical mistakes, inaccurate treatments, doctors misdiagnosing the patients.

“Mistakes happen, but the medical community has a responsibility to make sure they’re doing everything possible to provide each and every patient with the best possible medical care,” South Carolina personal injury attorney Joseph Sandefur explained. “The only way to make the medical community aware of how devastating their mistakes are for the patients and their loved ones is often by filing a medical malpractice suit. Knowing that there will be legal ramifications in the event of a mistake is often enough to encourage doctors to double check their work, ask for second opinions, and make sure the facility provides the best possible care to each and every patient.”

When you file a medical malpractice case, remember that you will be responsible for proving that the defendant did something wrong, which is why you need a good personal injury lawyer on your side. They will help you gather the information and data needed to prove your case and win a settlement. According to Joe and Martin, once the proof has been gathered, most personal injury attorneys are able to negotiate a settlement out of court.

 

 

 


read more

Marine’s DUI Experience Results in 2 Deaths and 3 Injured

Twenty-one-year-old Lance Cpl. Jason Riley King sobbed as the county prosecutor displayed one photo after another of the misshapen pile of metal that had once been a car. The last time King has seen the car it was packed full of medical students and heading north on State Route 163 at 1:40 a.m. on May 15

It’s the same car that King’s own car smashed into while he drove the wrong way on the same street while he was suspected of being heavily intoxicated.

jason_king_truck_crash_1432169334683_18580033_ver1.0_320_240The collision, which happened about 1:40 a.m. on May 15. 23-year-old Madison Cornwell who was driving the car and 24-year-old passenger Anne Baldock were killed, while the remaining three passengers sustained injuries in the wreck.

When the preliminary hearing drew to a close, San Diego Superior Court Judge Michael T. Smyth ruled that there was more than ample evidence available for King to stand trial. The charges he faces include two separate murder counts, DUI that resulted in injury, and 2 counts of gross vehicular manslaughter.

King pleaded not guilty to the charges. For the students, the drive followed a night of celebrating the fact that they’d completed their second year of medical school. While the passengers were drinking, Cornwell, the self-appointed designated driver hadn’t has so much as a sip of alcohol.

One passenger, Stosh Ozog, served as a witness during King’s preliminary hearing. Their memory of the accident is hazy. They remember taking one fellow student home and the next clear recollection they have is opening their eyes in the emergency room.

bigstock-Drunk-Driving-44632708The prosecutor accuses King of indulging in binge drinking on the night while he attended first one party and then another with fellow marines. Following the crash, King submitted to two alcohol breath tests. When he took the first one his blood-alcohol level was 0.1459. After the second one it had decreased to 0.145 percent. The legal limit in California is 0.08.

Hannah Talbott, King’s best friend and fellow marine, met with King that night. She admits that they were both drinking and said that she didn’t realize just how drunk King was until they started playing pool when she realized he was struggling to hold onto his pool cue.

Auto-Insurance-400x250“I know him well enough to know that he had drank too much and we needed to leave,” she said. The two argued about just how much he’d drank and his current condition. “He was in no condition to drive.”

When King continued to brush off her concerns, Talbott took off, leaving him alone in the parking lot.

When the Cahoots bar manager heard a truck in the of bar parking lot, he worried. He found King in the parking lot and worked hard to convince him to get a ride home. King refused to listen.

If he is convicted, King could spend the next 47 years of his life in prison.

 

 

 


read more

Spat Between Friends Turns Into a Fierce Legal Firestorm

Clinical forensic psychology, Stacy David Bernstein, sometimes teaches classes or gives lectures at law enforcement organizations, including the FBI. Until January of 2015, Bernstein, a graduate of Albizu University in Myrtle Beach, was a Board of Firearms Permit Examiners member. The governor of Connecticut appointed him to this position.

e72240c46e203c84c81058a99f3ab8b2For approximately one year, Robert Serafinowicz has been forbidden to “Post any information, whether adverse or otherwise, pertaining to [Bernstein] on any website for any purpose.” It is also illegal for him to “Contact any person, including, but not limited to [Bernstein’s] past, current and prospective clients, family members and his child’s educators in any manner for any purpose.”

If Serafinowicz violates any of these orders that are in a court order, he will be found in violation and will face time in jail for the charge contempt of court.

At one point, both men were friends. However, Bernstein says that Serafinowicz eventually turned against him and left a series of “bizarre emails and voice messages.” However, it was the harsh criticism of Bernstein that the courts started to focus on.

Serafinowicz had sent emails to professional organizations that Bernstein is involved with to talk about Bernstein’s past and try to show that he was essentially not the right man for the job. While Bernstein alleges that Serafinowicz essentially created lies that caused problems with reputation and character, he stated in court that the defendant did not directly threaten him.

Exactly what transpired between the two former friends to cause such a ruckus is something the public will likely never fully know. At this time, all the public can do is follow the news and media reports and draw their own conclusions.

There are laws in place to prevent libel and slander. However, where the First Amendment ends and these issues start is something the courts are constantly trying to assess. At this time, there is an order in place that legally protects Bernstein from having to face potential libel or slander from his former friend.

“When talking about personal injury and liability, most people overlook the potential damage that verbal and written word can cause,” says Joe and Martin, a personal injury attorneys in Myrtle Beach. “However, slander and libel cases are not uncommon and should be taken seriously. What someone says or publishes about another person can cause significant harm to their reputation and disrupt all areas of their life.”

vizyonumuz1

Libel and slander are both interesting aspects of the law because what one person sees as harmful might not quite seem that way in a court of law. Of course, there are always two sides to a story too. At this time, the two men appear to agree to stay away from each other and to not mention each other.

 

As the first amendment says “Religion and Expression. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” We should all fall this guidelines in our life.

This is likely the best path because neither seems keen on working to restore a friendship that appeared to be quite deep at one point. The constitutional scholars will simultaneously continue to debate whether any slander and libel issues simply fall under the First Amendment. If you want more information visit https://myrtlebeach.joeandmartin.com/ .


read more

Judge’s Order Streamlines Zofran Lawsuits

banner_zofran

Doctors have been using Zofran to help expectant mothers who complain of severe morning sickness during their first trimester to help ease the nausea. While the drug settles the mother’s stomach, it can also have some alarming side effects. There have been several reports of Zofran allegedly triggering birth defects, sometimes fatal, in babies.

Although the makers of Zofran, GlaxoSmithKline, has refrained from commenting about the tendency of the drug to lead to birth defects, claims indicate that the drug may be responsible for:

  • transposition of the greater vessels
  • ventricular septal defect
  • clubfoot
  • respiratory distress
  • kidney defects
  • cleft lip and palate
  • tetralogy of fallot
  • atrial septal defect

Birth-Defect-Word-Cloud-300x210The sheer number of the Zofran lawsuits plaintiffs have files prompted the judicial system to consolidate the cases which were then passed on to the Honorable Judge F. Dennis Saylor IV to oversee. The judge recently issued a new order that process to simplify the filing process. Instead of having to go through a complicated and potentially lengthy process, Judge Saylor’s new order makes it possible for any plaintiff who feels Zofran is responsible for their child’s birth defects to add the case directly to the multidistrict litigation number 2657 that’s already in place. The only stipulations are that the case has to be filed against GlaxoSmithKline and that the plaintiffs all have to make common allegations.

Prior to this latest change in the way that Zofran lawsuits were processed, plaintiffs had to first file their lawsuit in their home state’s federal court before that court eventually added the case to the consolidated case load. Saylor’s order is designed to fast track cases, which will not only speed up the legal process, it will also save everyone involved a great deal of time and frustration.

Once the case has been added to the MDL, an ordered issued by the U.S. Judicial Panel on Multidistrict Litigation allows it to be transferred to Saylor’s court docket.

This is the sixth order that Saylor has made since he was assigned the Zofran lawsuits. One of his motivating reasons for drafting this most recent order stems from the fact that the number of birth defect lawsuits filed against GlaxoSmithKline are expected to continue climbing.

One of the interesting things about these cases is that GlaxoSmithKline’s marketing tactics are being addressed in these lawsuits. Despite what the marketing material patients and doctors receive, Zofran use for morning sickness was never officially tested in clinical trials. The company has engaged in a type of marketing that’s referred to as “off-label” promotion where they imply the medication can be used for something, such as treating morning sickness, without actually saying the words.

If you used Zofran during your first trimester and then gave birth to a child who suffered from birth defects, you may have a solid case against GlaxoSmithKline. The only way to know for sure is by meeting with an experienced attorney who will advise you about what legal actions you can take. You will want to act quickly, before the statute of limitations in your state runs out and you run out of legal options.


read more


read more

New York motorcycle collisions are a common occurrence. Because New York is so popular with riders, it draws numerous motorcycles to the region. As a result, accidents have become rampant and a major economic and safety issue.

Motorcycle accidents have common causes and often result in devastating outcomes. Riding a motorcycle is riskier than driving a car. Helmets and anti-lock brakes do make riding a motorcycle safer, but keeping control is more difficult with only two wheels. When collisions occur, motorcycle riders are fundamentally at greater risk of sustaining an injury or even death because they do not have the protection of an enclosed vehicle or seat belts.

According to the CDC, “Motorcycle riders represent almost every demographic group in the country. Riders now tend to be more affluent than 30 years ago. The average age of riders has increased, and more women are riding than ever before.”

The federal government has estimated that the number of deaths from motorcycles accidents was more than 26 times the number in cars, per mile traveled in 2012. In 2013, motorcycle deaths made up 13% of motor vehicle fatalities.

Prevailing causes of New York motorcycle crashes include:

  • Road hazards: Dangerous conditions such as potholes, uneven lanes, icy conditions, and debris in the road pose significant hazards to motorcyclists.
  • Lane Splitting: Usually done in slow moving traffic, lane splitting refers to when a motorcyclist drives between two lanes of cars.
  • Vehicles turning left: Statistically, these collision are the most dangerous situation for a motorcyclists, accounting for 42% of all crashes between other vehicles and motorcycles.
  • Head-on collisions: These types of crashes have a higher fatality rate than any other type of motorcycle vs vehicle collisions.
  • Speeding and alcohol: Approximately half of single motorcycle crashes are attributed to speeding and alcohol use.
  • Crashes between motorcycles and fixed objects: 25% of motorcyclist deaths occur in collisions between Motorcyclists and stationary objects.

What to do when you suffer a personal injury in a New York motorcycle accident:

  • It is crucial to get medical treatment regardless of the financial cost. Nothing is more important than your health and wellbeing.
  • Contact your insurance company as soon as possible. Find out how medical treatments are covered under your insurance policy.
  • Motorcycle insurance policies often have unique provisions. It is important to review your policy with a New York Personal Injury attorney. They can help you makes sense of your policy and work with your insurance adjuster to get clarification on your coverage.
  • If a New York motorcycle collision is serious or fatal, it is important to find a New York Personal Injury attorney that specializes in motorcycle accidents.

Finding an experienced New York Personal Injury Attorney is crucial when an injury is serious or results in death. They will start the financial recovery process by launching an insurance claim. Wrongful death and major injury claims are complicated and are often difficult to manage without legal help. Find a personal injury lawyer that offers a free initial consultation and that is willing to work on a contingency basis. This means there are no up-front costs and that all fees are paid only when the claim is settled. New York Personal Injury Attorneys
Pulvers Thompson have been assisting the greater New York area for over 70 years. Contact them to help ensure that your legal rights are protected. They can assist you in recovering fair compensation for lost wages, medical costs due to related injuries, long-term diminished quality of life, and loss of life compensation for immediate family.


read more


read more


read more