September 10th, 2012September 10, 2012 California legislation awaiting the governor’s approval could have a direct impact in northern California on the type of care seniors living in a nursing home or long-term care facility can receive. According to the Napa Valley Register, a decision on the legislation must be reached by September 30. Lawmakers have worked for nearly two years to complete AB40, which would not only bring state elder abuse laws up to par with the federal Elder Justice Act, but would also improve and require the communication between a person who suspects elder abuse to be occurring and law enforcement. AB 999 would benefit those living in nursing homes and assisted living facilities by preventing insurance companies from being allowed to hike rates in certain circumstances, while AB 1710 would help to protect residents of care facilities from | California nursing home abuse by requiring more training for administrators and establishing a better check and balance system for patient care. The laws come at a time when local officials are working to improve elderly care in the area, as a recent Census Bureau report showed 15 percent of Napa County’s population is over the age of 65 and the number is continuing to grow. The California personal injury lawyers with Berg injury Lawyers are here to help you if you suspect that your loved one has been harmed while in the care of a nursing home or assisted living facility.
August 27th, 2012August 27, 2012 With concussions and other serious traumatic brain injuries receiving more attention as research is beginning to show permanent side effects associated with the injuries, parents and coaching staff in northern California recently held a training session at an Oakland, California, high school on the dangers of | California brain injuries, according to the ConcordPatch. An eight-year NFL veteran, Ben Lynch, spoke to the crowd this past Tuesday at Skyline High School, saying, “They call it the invisible injury for a reason.” Studies from the Veteran Administration Hospital in Massachusetts found that individuals who suffer multiple traumatic brain injuries are more susceptible to developing chronic traumatic encephalopathy, a condition in which the brain’s ability to function correctly degenerates over time. The disease occurs when a certain protein accumulates on the brain at the location of an injury and becomes toxic. This can lead to symptoms such as:
- memory loss,
- and confusion.
August 20th, 2012August 20, 2012 Controversy is swirling regarding allegations of medical malpractice against a neurosurgeon from The University of California-Davis campus. The Sacramento Bee reports the claims of malpractice stem from the doctor performing botched cancer treatments on patients, which resulted in | California drug injuries and other medical errors. Court documents from 11 previous medical malpractice lawsuits against the doctor show that he has repeatedly put patients in danger. In one case, he attempted to treat three patients with terminal brain cancer by opening their skulls and injecting bacteria. All three patients died a short time after the procedure. He left another woman paralyzed after performing surgery to remove a tumor from her skull, then told her he did not know what went wrong with the procedure. Many of these lawsuits are also partially blaming UC Davis for giving the doctor credentials to practice in the United States. The doctor, who is a native of the Netherlands, is not board-certified in the U.S., nor does he have a medical license in the state of California. He is only able to practice medicine in the country through a “special faculty permit” issued to him by the university. The California personal injury lawyers with Berg Injury Lawyers encourage everyone to take a look at your doctor’s credentials before agreeing to any treatment or surgery they recommend. Doing so will help ensure that you are getting knowledgeable care from a qualified physician.
August 13th, 2012August 13, 2012 A fire at a Chevron oil refinery in Richmond, California, just south of San Francisco, has led to thousands of residents filing | California environmental injury claims against the company. According to the Associated Press, as many as 3,800 individuals have filed injury claims since the fire erupted following an explosion at the facility this past Monday. In November, an inspection by the U.S. Chemical Safety Board found a corroded pipe that was attached to the line that failed Monday. The failure allowed a gas pocket to build and then ignite, causing the explosion that burned for several hours sending plumes of black smoke into the atmosphere. The smoke sent hundreds of residents rushing into local medical facilities with complaints of breathing problems. The number of residents who were affected prompted Chevron to open a claims center in Richmond where residents can seek damages for the medical bills and other expenses they incurred as a result of the fire. While claims for past fires at the facility may have brought victims thousands of dollars in compensation, experts are saying that the victims in this situation can expect to receive much less. This is why the California personal injury lawyers with Berg Injury Lawyers would like to encourage anyone who has suffered because of toxins in their environment to explore what legal options you may have by discussing your case with a knowledgeable and experienced attorney.
July 30th, 2012July 30, 2012 California’s laws and regulations regarding the caps on damages awarded in medical malpractice lawsuits are being challenged by claims that the laws may be unconstitutional. According to The Sacramento Bee, current laws place unfair limits on the amount that can be given to a victim at $250,000, leaving the majority of damages to be received through economic and punitive damages, such as lost wages. Many California medical malpractice lawsuits involve children or the elderly who are not wage earners, leaving them unable to collect more than the cap even in the event that a procedure done by a negligent doctor left them permanently disabled. The case of an attorney who died as the result of respiratory failure caused by a | California Drug Injury following a procedure has claimed that these laws do not allow victims and their families “…the full right to a jury trial and are in violation of equal protection laws since the caps only apply to medical malpractice claims but not other types of injury lawsuits. Those in favor of the laws say that caps are the only way that many practices can afford to cover expenses related to liability coverage. The California Personal Injury Lawyers with Berg Injury Lawyers understand the frustrations that can come from an injury caused by the negligence of another and are here to help you explore your legal options if you have been harmed by another person’s mistake.
June 25th, 2012June 25, 2012 It has recently come to light that numerous drug injuries may have been overlooked in reports about the possible side effects of medications manufactured by Roche. According to The Sacramento Bee, the European Medicines Agency (EMA) discovered the discrepancies last month during a routine audit. The agency found that roughly 80,000 reports of adverse events, including 15,000 deaths which could be connected to Roche medications, have never been analyzed. These reports were collected after the drugs went on the market as the company’s way to ensure that adverse events that may otherwise be missed during clinical trials are caught and corrected. Roche acknowledged the problem by saying that the company’ reporting system failed to receive the information about the adverse events, therefore the information was never passed on to health officials. The company stated that the oversight was not intentional and that they were working vigorously to remedy the problem. EMA spokeswoman Monika Benstetter added, “Based on the information we have, there is no need for patients to change their treatment, but we need more evidence that these deficiencies are being addressed.” Roche has until Wednesday of this week to offer a proposal on how the company plans to evaluate all of the reports. The | California Personal Injury Lawyers with Berg Injury Lawyers would advise anyone who has suffered a California Drug Injury after taking a medication to contact an experienced attorney immediately.
June 19th, 2012June 18, 2012 Last year, according to the National Highway Traffic Safety Administration (NHTSA), more than 32,000 people were killed as a result of motor vehicle traffic safety collisions. In an effort to curb this number, technology is being researched by the auto industry that would prevent accidents before they occur. One such piece of technology that was recently demonstrated at a safety seminar was Vehicle-to-Vehicle Communication (V2V). According to The San Francisco Chronicle, this allows cars to talk to other surrounding vehicles equipped with the same technology within 1,000-feet to help avoid a | California Car Accident. In the demonstration, a Ford Taurus narrowly avoids being T-boned at an intersection thanks to alarms and lights set off by V2V, warning the driver to stop, after a light turns red and the view of a vehicle passing through the intersection along the perpendicular road is blocked by a parked truck. Furthermore, advanced versions of the technology do not depend on the driver to hit the pedals. It can actually stop the vehicle itself if it detects imminent danger. An administrator for the NHTSA, David Strickland, claims V2V, “ is our next evolutionary step … to make sure the crash never happens in the first place, which is, frankly, the best safety scenario we can all hope for.” The California Personal Injury Lawyers at Berg Injury Lawyers are hopeful to see more technology that saves lives being implemented by the auto industry.
June 11th, 2012The state of California and the California Highway Patrol (CHP) have been ordered by a federal judge to pay more than $2 million to the family of a man who was wrongfully killed by CHP officers. According to The Sacramento Bee, the incident occurred on August 24th, 2008, in eastern San Joaquin County. Police reports indicate that officers received a call of illegal street racing occurring on the evening of the incident. When they arrived, the victim, who had been drinking that day, was parked at the location of the alleged racing. When officers approached the victim’s vehicle, he accelerated and fled the scene. A short chase ensued and ended when the victim’s vehicle became disabled in a ditch. Officers state that the victim then began shifting and rolling the truck back and forth between drive and reverse in an effort to free the truck from the ditch. That is when they said they became fearful for their lives and shot the man six times. The family of the victim filed a | California wrongful death lawsuit against the state and it’s departments on the grounds of expert testimony based on bullet trajectory that revealed the officers were never in any danger when they opened fire on the unarmed 21-year-old victim. The California Personal Injury Lawyers with Berg Injury Lawyers hope that the decision will help bring closure to the loss for the family of the victim.
June 5th, 2012June 4, 2012 Shasta County, California, has seen an alarming amount of drunk drivers so far this year, especially among minors. According to | KRCRTV 7 News, 19 individuals were arrested over Memorial Day weekend, which is nearly a 20 percent increase from 2011. The issue continued to affect locals following the holiday weekend. This past Friday, two people were seriously injured as the result of a crash caused by an underage drunk driver. Reports indicate that the accident occurred at around 6:45 p.m. at the intersection of Neal and West Sutter Roads. Police believe that an intoxicated 16-year-old driver lost control of a 1992 Nissan Pathfinder, causing it to roll several times. All four passengers of the vehicle were taken to local hospitals for treatment. Two remain hospitalized in serious condition. In an effort to combat underage drinking and driving, students at Willows High School were able to witness the real-life sentencing of DUI offenders in the school’s gymnasium last week. Officials state that allowing the students to view the real-life consequences of driving under the influence impacts students much more than student reenactments. Following the hearings, students stated that they would definitely think twice before drinking and driving. The California Accident Lawyers with Berg Injury Lawyers hope that programs such as these, along with law enforcement’s utilization of saturation patrols, will help reduce the number of California Car Accidents and deaths caused by drinking and driving.
May 21st, 2012May 21, 2012 | Stevens-Johnson Syndrome (SJS) is a devastating disease that affects around 300 individuals per year. The cause of the disease is considered idiopathic, but often times, there is a strong link between the disease and medications. The disease results in the separation of skin layers, leading to:
- blisters or Rashes on the skin and mucous membranes,
- fever, headache, sore throat, and nausea,
- and even death