Novato Personal Injury Lawyer

Kaiser Arbitration Agreement Held Invalid

Clayton Kent — Fri, 23 May 2008 17:49:52 GMT

Earlier this year, the Third Appellate District of California held that the Kaiser mandatory arbitration agreement contained within its Enrollment Application/Change Form did not substantially comply with the requirements for a valid arbitration agreement under California law. This decision could have substantial impact on future medical malpractice cases against California Kaiser facilities. In the past, Kaiser has almost always been successful in forcing disputes to be handled in their own arbitration program, rather than in the courts. This decision, at least until Kaiser changes their forms, will seem to allow patients injured as a result of alleged medical malpractice to bring their claims before a judge and jury.

Originally posted at InjuryBoard by Clayton Kent

Funeral Directors Charged in Human Chop Shop Case

Clayton Kent — Tue, 09 Oct 2007 21:02:40 GMT

Three funeral directors in Philadelphia were charged last week with the illegal taking and selling of body parts. Bones, skin, tendons and spines were taken from bodies without the permission of the families, and most of the "donors" were not suitable due to their age, physical condition, or because of disease. Once the body parts were taken, the bodies were then sent for cremation. The Philadelphia Grand Jury issued the indictment in a 103 page report.

For them, nothing was beyond the pale - not stealing flesh and bones from the dead or lying to the bereaved, not forging and lying on thousands of documents, not putting the public's health at risk,

The three funeral directors were paid $1,000 for each body part, and are alleged to have sold them to a New Jersey company, Biomedical Tissue Services. This is not the first time the owner of that company has been in trouble for stealing and selling body parts. Gruesome as it sounds, this type of practice is not that far out of the ordinary in the funeral business. While the majority of funeral homes are legitimate and respect the dignity of the family and the decedent, many do not.

Originally posted at InjuryBoard by Clayton Kent

Even Barbie's Puppy Cannot Escape Lead Paint Recall

Clayton Kent — Wed, 05 Sep 2007 16:21:52 GMT

The Mattel toy recalls have now reached Barbie. Mattel voluntarily recalled more toys as a result of lead paint posing a dangerous threat to infants and small children. Barbie's own puppy has been recalled due to toxic levels of lead paint, as have many other product lines. This is now the third recall of Mattel toys, and it includes 675,000 Barbie accessories, but for now, Barbie herself is not involved. All of the toys involved in the recall were manufactured, at least in part, in China, and sold during 2006 and 2007. It is anticipated that the recalls will continue, and that other toy manufacturers will also follow Mattel's lead and issue recalls.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Clayton Kent

Veterans Home to be Investigated Amidst Complaints of Elder Abuse

Clayton Kent — Tue, 04 Sep 2007 17:29:38 GMT

State Senator Pat Wiggins, D-Santa Rosa, has successfully called for an investigation of the California Veterans Home in Yountville as a result of a large number of complaints from residents and veteran residents of the facility. This investigation called for by the Senator is to focus on the medical care provided by the facility to the residents, including staffing issues. Many of the complaints include disabled veterans being left in their own urine and excrement for hours without any assistance, and a male resident dying after falling and breaking his femur and hip, which was not diagnosed for 10 days.

In response to the Senator's call for the investigation, the Deputy Administrator of the facility stated:

In a facility that's providing care for 1,060 veterans, and 360-some of those are in intermediate or skilled-nursing type of care, there are going to be some lapses in the service.

With respect to the staffing issues, the facility admits that they are short-handed.

If you don't have enough staff, then the veteran is going to have to wait - not that we want them to, and we try to make sure that they don't. Unfortunately, it happens. You can only work so fast and be in one place at one time.

Our veterans deserve better care. The facility's positions that "there are going to be some lapses" and "unfortunately, it happens," are not good enough for these mostly elder men and women who have served our country. I personally handled a matter against the Veterans Home in Yountville, where a resident who had been admitted to the hospital with a severe seizure disorder was allowed to merely walk out of his room at night, walk out of a door and onto a balcony, and fell 30 feet to his death. He was not discovered by the staff for several hours. Where was the staff then? It appears that this staffing issue has been around for many years, and, hopefully, Senator Wiggins will get the State Legislature to address this important issue.

For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Clayton Kent

Abby Mortuary Funeral Director Loses License

Clayton Kent — Fri, 31 Aug 2007 17:19:13 GMT

I have previously written about the allegations against and conduct of the funeral director of Abby Mortuary in Rohnert Park, California. As you may recall, this was the incident where the mortuary was storing bodies in a rented warehouse, and, in some cases, storing them without refrigeration. The State Cemetery and Funeral Bureau, which regulates funeral directors, mortuaries, embalmers, and cemeteries, has now concluded its investigation into this matter. While the mortuary itself was closed in March by bureau regulators, the bureau has now announced that the funeral director and owner of Abby Mortuary himself will lose his establishment and funeral director's license effective September 1, 2007.

Originally posted at InjuryBoard by Clayton Kent

Suspected Drunken Driver Kills Motorcyclist

Jenny Albano — Wed, 29 Aug 2007 06:37:58 GMT

A driver, Tony Martinez, who was suspected to be drunk at the time, hit a motorcyclist, and unknowingly drove home with the dead body of the motorcyclist in his back window.

Martinez pulled out of a parking lot Saturday night and cut off Nicholas Justin Campbell who was on a motorcycle and traveling around 80 miles per hour. Campbell hit the back of Martinez's car and fell off his motorcycle into the rear window. Martinez did not realize the motorcyclist was in his back seat until he got home. He then drove to the Riverside County fire station and Campbell, 20, was declared dead.

Martinez was arrested and booked for investigation of gross vehicular manslaughter, hit-and-run and driving under the influence. Bail was set at $75,000.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Jenny Albano

Defective Cell Phone Battery Poses Potential for Injury

Clayton Kent — Wed, 15 Aug 2007 16:58:35 GMT

Nokia has issued a voluntary product advisory concerning a specific battery used in their phones, that can overheat during charging, and pose a potential for fire and injury. In August, Nokia, the leading manufacturer of cell phones, issued a product advisory for the Nokia-branded BL-5C battery. Matsushita Battery Industrial Co. Ltd. of Japan manufactured the BL-5C battery for Nokia between December 2005 and November 2006. While no serious injuries or damages have been reported, the battery is succeptible to overheating during charging due to a short circuit. This potential fire risk could affect up to 46 million cell phones.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Clayton Kent

Mattel Issues Recall of Defective Toys

Clayton Kent — Tue, 14 Aug 2007 15:47:46 GMT

For the second time in a month, Mattel, the largest toy company in the world, issued a recall of defective toys that were manufactured in China.

The company, in a statement issued from its American headquarters, said it was recalling a total of 436,000 toys marketed in the United States and elsewhere that had "impermissible levels of lead."

As a result, the export license of Lee Der International, the company that made the defective toys, has been revoked by Chinese regulators, who discovered that the company was using a fake lead-free paint pigment in the toys. This recall follows on the heels of another defective toy recall by an Illinios corporation, that recalled 1.5 million Thomas & Friends wooden railway sets due to excessive levels of lead paint.

While lead paint has long been restricted from being used in toys made for sale in the United States, Europe and even China, it remains much cheaper than lead-free paint. Companies here say lead paint is sometimes preferred because it offers richer colors, is easier to apply and easier to dry. And so some companies continued to blend it into paint supplies, according to toy consultants.

Lead has long been classified as a toxic chemical by the National Institute for Occupational Safety and Health. It is particularly dangerous when ingested by children and infants, and has been linked to severe developmental delays.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Clayton Kent

Many Pleasant Care Facilities Sell at Auction, Despite History of Nursing Home Violations

Laura Blatt — Fri, 20 Jul 2007 23:26:14 GMT

Twenty-one California nursing homes owned by the bankrupt Pleasant Care Corp. were sold at auction earlier this month, despite their history of violations and substandard care. The buyers included LifeHouse Retirement Properties, Bina Bhatia and HC Management.

"You won't see any cutbacks in care, although there might be changes made to improve efficiency," said the CEO of LifeHouse, Lou Andriotti, about the four Pleasant Care nursing homes that the company purchased (Press-Enterprise, July 11, 2007).

Unfortunately, it's difficult to find this statement reassuring, at least not for the elderly, frail residents who make Pleasant Care facilities their home. Avoiding "cutbacks in care" when care is substandard already may not be enough. We hope that we don't see an emphasis on the bottom line rather than on upgrading the deplorable conditions in these nursing homes.

As I mentioned in other columns, Pleasant Care facilities have a dismal record. Emmanuel Health Care in Norwalk was fined $80,000 because of the death of one of its residents due to poor care. Two residents died at Pleasant Care nursing homes in Ukiah and Novato, allegedly due to neglect and negligence. At Pleasant Care Convalescent of Petaluma, 76-year old Peggy Keel died of an oral infection that went untreated, resulting in a $100,000 fine for the facility, according to the Santa Rosa Press Democrat. Pleasant Care reached a $1.3 million settlement with the state last year, again based on charges of inadequate services and low quality care for its residents.

Originally posted at InjuryBoard by Laura Blatt

Funeral Home Violations: Cemetery Owner Accused of Embezzling Funds

Laura Blatt — Thu, 12 Jul 2007 00:55:24 GMT

The owner of Forest Hill cemeteries in Memphis, Clayton Smart, allegedly embezzled millions from families who purchased pre-paid funeral policies, according to charges filed by the state. Mr. Smart is also accused of making off with $70 million in funeral home trust funds in Michigan.

Mr. Smart appeared before Tennessee Chancery Court Judge Arnold Goldin this week. He was held in contempt of court when he refused to disclose his assets.

Meanwhile, many families who have relatives buried in the Forest Hill cemeteries are waiting to have markers placed on the graves of their loved ones (Memphis Commercial Appeal, July 11, 2007). The current cemetery general manager says that Smart had often failed to order the markers, and that the back-up goes as far back as 2005. The state is now working to rectify the problem as well as to locate monies to pay those who purchased pre-paid funeral policies that were not honored.

Originally posted at InjuryBoard by Laura Blatt