Lawsuit For Wrongful Death Of Fetus

A container truck. Cab-over design.

A fetus died during a fatal car accident and now the family is seeking restitution for an unborn family member.

The family is from Alabama, which by law compensates wrongful death cases simply with punitive damages. So the question of filing a lawsuit for the wrongful death of a fetus is hard to determine.

The family of the fetus was on a cross-country road trip from their home state, Alabama, on their way to California. When the family drove through Nebraska, they slowed down when approaching a car accident involving two trucks, JDSUPRA reports.

Behind the wheel was the pregnant mother with her two sons as passengers in the back seat. The father was in another car behind them. Suddenly a truck driver from behind going 75 MPH slammed on their breaks and collided with the family.

At the point of impact, the mother, father and two sons died instantly.

A lawsuit was filed following the accident. The driver who had slammed into the father had violated federal traffic laws for driving more than the maximum 14 hours without taking a 10 hour break in between driving again.

Following the initial suit, the parents of the mother filed a wrongful death suit, suing the truck driver, the truck driver’s employers and for the sake of negligence, also sued the truckers involved in the initial crash for causing the back up which lead to the other accidents.

The suits brought against the parties were negligence, vicarious liability and wrongful death, The San Francisco Gate reports.

Included in the wrongfully killed charge is the unborn child, based on the laws in Nebraska.

According to a ruling from Alabama court, a medical malpractice claim was issued against the party which caused the death of a fetus, regardless of whether the fetus could survive outside of the womb on its own.

Cases where the fetus of a pregnant woman dies because of a negligent third party are not often presented in courts and still much has to be learned about the possible repercussions.

Many states have not made any rulings regarding the death of a fetus in personal injury cases. The outcome of such cases could very easily vary depending on which state the case is filed.

Although there is not much information about such cases, plaintiffs should investigate them to see if they can receive compensation for their losses.

Obviously such cases can be very difficult to determine. This is why a reputable, experienced attorney is a plaintiff’s best bet to receiving compensation for their losses.

Contact the Accident Attorneys’ Group today to see how much compensation you or your loved ones could be entitled to for your losses.



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Health Reform Initiatives Underway

Official photographic portrait of US President...

Healthcare Reforms are underway since the announcement of President Obama’s re-election to office. The Affordable Care Act is now on its way to become implemented.

Although the Act is said to be on the way to implementation, it is bound to an arduous path.

The election decision came only ten days before the deadline for states to implement the the law and now many states must scramble to do so.  The debates between President Obama and Congress over taxes and federal spending will likely lead to increased pressure from Congress for the Obama Administration to cut some of the law’s more costly provisions.

Obama will need to make some difficult choices in order to ensure success of the overhaul. Many insurers and employers are concerned that their premiums may increase.  Yet it is unknown if Obama instead will opt to follow the liberal policies favored by policy advocates.

No longer is Mitt Romney’s vow to “repeal and replace” the law a threat.

Now supporters are urging the president to step up actions in order to help explain the law to the public. Almost half of the public said the law should either be partially or fully repealed when asked at exiting polls.

A health industry analyst, Jeff Goldsmith from Virginia spoke with the New York Times about the future of the law:

“There is still a tremendous amount of disinformation out there. If you actually are going to implement this law, people need to know what’s in it — not just the puppies-and-ice-cream parts, but ‘Here are the broader social changes intended and how they can help you.’ ”

States will have to make a number of decisions as they figure out whether they will create online marketplaces, also known as insurance exchanges, which allows small businesses and individuals will be able to browse for health plans, as well as figuring out if they will expand their Medicaid programs, which already assist low-income people.

Coverage is expected to begin on January 1, but in the meanwhile a number of Americans still cannot access health care. A great majority of these people who  cannot access health care are required to pay out of pocket for any type of care.

When paying for such care, it usually can be below par. Without a strong form of national healthcare, it is likely that people will get poor care and even more likely that a number of medical malpractice cases could arise.

If you or someone you know is involved in a medical malpractice case where you were given care which is not up to standard, you could be entitled to compensation for your losses.

Whenever you experience such an event, you should seek the advice of a reputable attorney who could advise you and look after your best interest.

Contact the Accident Attorneys’ Group today and receive a free consultation with our group of lawyers. Find out just how much compensation you are entitled to.

Fresno Plant Fatal Shooting

Official seal of Fresno

Never is a fatal shooting justified and culpability always falls on someone’s shoulders. In the case of workers being shot during their working hours, it can be hard to determine whether the fatal shooting is simply a wrongful death by the hands of a murderer, or if there are other factors involved.

A man, dressed in meat-cutting garb, ran down the streets of Fresno, screaming after he had seen a co-worker open fire in the Fresno chicken plant, resulting in a fatal shooting.

In a Los Angeles Times report included information from a witness, Roger Medina, who said people were running from the plant, screaming:

“I look down the street. People in full sanitary gear, the hairnets and all, were running and screaming. Some people were crying.”

People surrounded the scene-one man in particular was bleeding on the ground and Medina, who knows CPR went to help him.

“His head was bleeding and his breathing was shallow. He was face down. I couldn’t tell you anything about what he looked like — he was covered by his uniform. Then in like seconds there were cops and firemen and paramedics rushing to help the ones who were shot.”

 According to police, Lawerence Jones, 42, was the perpetrator in the fatal shooting. He was an employee at Valley Protein Plant-formerly known as Apple  Valley Farms-and opened fire around 8:30 a.m., Tuesday morning on his co-workers before eventually shooting himself.
Reports from the police and the coroner’s office say during the shooting, three people were killed, including Jones.
Dyer was discharged parolee with what police are calling “an extensive criminal history.” He worked at the plant for nearly 14 months. He was taken to a hospital and is in intensive care.
Investigators are unsure of what prompted Dyer to commit the fatal shooting. A co-worker did speak with authorities though, saying Dyer “did not appear himself when he came into work,” around 5 a.m. It was only hours later that Dyer pulled out a gun and opened fire.
Obviously the plant management must have known about Dyer’s criminal record before hiring him. The question which remains is whether they went through considerable lengths to warn his co-workers or ensure that the work environment was the safest it could be.
If the company did not take all the necessary steps to secure the facility, they may be considered negligent for not ensuring the safety of their employees, notably the ones killed and injured during the fatal shooting.
Such a case would require a reputable attorney to determine culpability and to see whether the employers may be considered negligent in the wrongful deaths of their employees.
If you or someone you know was involved in such an accident like this fatal shooting, it is advised to contact the Accident Attorneys’ Group to receive a free consultation and find out how much compensation you could be entitled to for your losses.

New Clues To Detect Meningitis Outbreak

Meningitis bacteria (neisserai meningitidis)

A national investigation of the meningitis outbreak associated with the tainted, fungal-infected steroid medication has found 409 cases and 30 deaths.

The fungus which tainted the steroid medication, leading to the meningitis outbreak, is not one typically found in medical books, the New York Times reports.

Steroid medication was prepared at the New England Compounding Center in Framingham, Mass., where the injections were contaminated by the fungus.

Tennessee is noted as the first state to be credited as identifying the widespread meningitis outbreak, where a reported 1,009 people were at risk for the disease.

A specialist in infectious diseases, public health and neurology, Doctor Marion A. Kainer, along with Vanderbilt University’s infectious disease specialist, Dr. April C. Pettit, worked to track down the origins of the widespread disease.

Findings are still not concrete because much of the evidence has not been thoroughly investigated in the past. The government has been quick to respond to the public health crisis.

Normally, private groups, like Doctor Kainer, can find initial cases but can not typically take it upon themselves to investigate the origins of diseases. Such duties are usually bestowed upon health departments or other government agencies.

Centers for Disease Control and Prevention’s federal headquarters are in Atlanta, where epidemiologists study disease trends in order to identify outbreaks, such as the meningitis outbreak.

The case of fungal meningitis may have revealed a weak spot in the government. Currently, there is a dispute surrounding the failure of the Food and Drug Administration to act earlier, which may have prevented the outbreak. In the past, the agency has been criticized for not enforcing its authority in order to protect the public from the dangers of large drug compounding companies, which often are tied with widespread outbreaks.

Days after receiving Doctor Pettit’s email, Doctor Kainer found the steroid had been produced at the New England Compounding Center.

She became concerned upon hearing the information because she had recently been involved in epidemiologic investigating compounding centers which were linked to a number of infections.

Upon hearing of new cases, Doctor Kainer still had no evidence of fungus in the spine of patients who had received the injections. However, she realized certain strokes which patients were experiencing were often caused by fungal infections.

She continued her investigation diligently, following patients with varying conditions. She told laboratories to not discard any spinal fluids from lumbar punctures, as this was the best way to look for fungi.

The Tennessee cases lead to the September 26 halt of the New England Compounding Center’s development of steroid production.

The purpose of the investigation was to warn people with mild conditions to pay particularly close attention because of the pathological way the widespread outbreak infects.

Such cases could easily be considered a medical malpractice case and the responsible party would be required to offer compensation to the injured party.

If you or someone you know was infected, it is important to pay close attention to the symptoms, but to also contact an attorney to receive advice.

Contact the Accident Attorneys’ Group today to find out how much compensation you are entitled to for your injuries.

Boy Dies In Zoo Exhibit

Funny Attention Dogs And Owners Sign

Many people assume they can feel safe when they go to a zoo, despite being surrounded by wild and exotic animals. Yet what happens when the safety is compromised and an incident turns fatal like that of a boy dying in a zoo exhibit?

A 2-year-old boy in Pennsylvania died during the weekend at the Pittsburgh Zoo after being bounced twice on protective netting, then falling into an African painted dog exhibit, where the boy was attacked and killed, zoo executives said.

Barbara Barker, a zoo representative for nearly two decades spoke during a news conference and said such a tragedy as the boy who died in the zoo exhibit, had not occurred in more than 100-years:

“The zoo feels terrible that this tragic accident happened. It’s the worst nightmare, as a zoo professional.”

According to witnesses, the boy’s 34-year-old mother had sat the boy on the four-foot high railing of the viewing area before he fell. Barker spoke about the incident during the news conference:

“From witnesses’ accounts, the child was so small that he bounced, he bounced twice, and then he bounced into the exhibit…So the safety net did catch him, it just didn’t hold him. It happened so quickly, it happened literally in seconds, it was very, very quick. There was very, very little anybody could do.”

The dogs were called to retreat and when one did not, a police officer shot the dog. A medical examination showed that it was not the fall, but instead the impact from the dog attack that killed the boy in the zoo exhibit.

Recently, the zoo passed inspections and “encourage” visitors to refrain from placing children on the railing of exhibits. It was not indicated whether policies or regulations were actually set in place though.

Barker acknowledged that no signs were posted near the railing of the enclosure.

After the incident, both police and zoo officials began investigating, the Los Angeles Times reports.

According to Barker, the dogs are the world’s most endangered canine species and will not be put down because of the boy who died in the zoo exhibit.

Barker was asked by a reporter if whether she was responsible for not ensuring a fail-proof exhibit. She responded, saying nothing was fail-proof:

“Life is full of risk. There’s no fail-proof part of risk in life. We do everything we possibly can and evaluate it every day. The safety not only of our visitors but our staff as well. We work with wild animals, we work with dangerous animals every day.”

She never did say whether she was responsible or not.

It is particularly difficult to determine culpability in such cases. This is why it vital to consult a reputable personal injury attorney who can determine culpability and the amount of compensation required.

Contact the Accident Attorneys’ Group to see how much compensation you could be entitled to for your losses.


Young Girl Injured By Police Officer

English: Police issue X26 TASER

Citizens often put their trust in the police-but nevertheless, sometimes an innocent person is injured by the police. Although the young girl was a bystander who was hurt, does that limit the officer’s liability?

The 3-year-old girl was caught in the way of Taser fire on Wednesday, in San Diego.  Police officers were pursuing a suspect and had aimed the Taser, though  the young girl instead was injured by the police officer.

In pursuit of the suspect, the police officer had applied an electric voltage from the Taser but a barb from the device struck the toddler, who was injured by the police officers.

Injuries were not severe and only a minor wound appeared. However, the young girl was mentally traumatized, which also could equate to personal injury.

In the parking lot of a Home Depot, the child was walking alongside her parents when a chase between police officers and a parolee. A barb from the Taser, designated to hit the escapee instead hit the small girl.

The fleeting suspect was a parolee who had violated his parole after resisting arrest while under the influence of drugs.

Innocent people usually become involved in police chases.

Quite often in fact, do men, women and children become victims during police pursuits. However, no records are kept, documenting the number of incidents where innocent bystanders are victimized during police chases.

Neither local police precincts or the Department of Justice keep records in order to create statistical findings concerning the prevalence of innocent victims.

Certain groups, like Pursuit Safety, suggest a staggering one-third of people who are killed or injured by police officers are innocent victims as opposed to the criminals they are pursuing.

Often, a majority of the death and injury incidents are reported instead as car accidents and others labeled as “police-related” injuries.

The question remains, although it was accidental, was the little girl injured by the police officer and is he liable. Fortunately the physical injures were minor and what is even more fortunate was that the officer did not completely pull on the Taser switch, which would have sent thousands of volts, pulsating through the innocent girl-which could have easily lead to her death.

The simple fact that the physical injuries were minor, does not necessarily indicate that the girl was not personally injured. Likely, she experienced psychological damage from the incident. A small wound on a small child can have a significant effect on their emotional health. The trauma can be particularly devastating when the child is injured by a police officer who they see as a figure to trust.

In order to asses a case to see whether or not the damage could require compensation, you should contact a knowledgeable personal injury attorney.

The Accident Attorneys’ Group has a number of reputable attorneys throughout the state with years of experience, specializing in personal injury.

If you or someone you know has been involved in such a case, contact one of our attorneys today to find out how much compensation you could be entitled to for your losses.



Expected $10 Billion In Damages After Hurricane Sandy

Hurricane Sandy: 10/30/2012

During the intensity of a storm, such as Hurricane Sandy, the damages can be severe and many issues can arise, especially if agencies were negligent and did not properly create safe conditions in the case of a natural disaster.

Hurricane Sandy is expected to cost insurers from $5 billion to $10 billion in property and casualty claims, the New York Times reports.

Natural disaster costs are tracked by the company Eqecat, which expects the costs to be from $10 billion to $20 billion, including damages to cars and homes, and businesses lost to the storm.

Although the damages are expected to be between $10 billion and $20 billion, insurance companies are expected to only be responsible for about $5 billion to $10 billion because typically insurers do not cover the flooding of homes and businesses. It is expected that an insurance company set up by the government will compensate the victims of Hurricane Sandy.

The New York Times reports that the number cost coverage has been significant for some of the country’s largest hurricanes:

“According to the Insurance Information Institute, the most expensive hurricanes, in inflation-adjusted dollars, were Katrina in 2005, with $47 billion in insured losses; Andrew in 1992, with $23 billion; Ike in 2008, with $13 billion, and Wilma in 2005, at $12 billion, all of it in Florida.”

This is the first time this year in which there have been such significant costs for the insurance industry for natural disasters.

Most homeowner’s insurance policies do not cover the cost of flood damage neither do commercial damages, though auto insurance usually covers flooding. So a large amount of Hurricane Sandy’s cost will fall on National Flood Insurance Program, in which the federal government compensates for flood claims in communities which have adopted “local flood plain management ordinances.”

During Hurricane Irene, the program paid out $1.3 billion to cover the costs of claims. During 2011, the industry acquired $4.3 billions in losses during the storm.

It is still unknown how much the storm will cost in the days to come after landfall. Winds are anticipated to slow down, though they will continue to hit the rest of the east coast including, Washington, Pennsylvania and New York until as late as Wednesday.

If the land nearby your home was not properly secured by the municipal government, they may be liable to compensate you for your losses.

Of course, during a time of such great upheaval, when many in the country are scrambling to find safe ground, it can be increasingly difficult to find help. An attorney could help you recover compensation for your losses.

Contact the Accident Attorneys’ Group today to see how much compensation you could be entitled to for your losses.

Settlement Will Ease Rules For Patients With Chronic Conditions For Medicare

Centers for Medicare and Medicaid Services (Me...

Patients with chronic diseases will likely have an easier time qualifying for Medicare coverage oh home health care which could potentially be costly, under new policy changes outlined by the Obama administration.

A proposed settlement of a class-action lawsuit nationwide agrees to scrap a decade worth of practices which requires beneficiaries to show the plausibility of functional or medical improvement prior to having nursing or home therapy services paid for by Medicare.

The new agreement, which marks a significant change in Medicare coverage rules, will have Medicare pay for the additional services in order to “maintain the patient’s current condition or prevent or slow further deterioration.” Whether the patient’s conditions are expected to improve or not will not be taken into account before granting the funding for the services, the New York Times reports.

Officials decided to rewrite Medicare’s manual to clarify that Medicare coverage and therapy  “does not turn on the presence or absence of an individual’s potential for improvement,” but instead to base it on the beneficiary’s need for care.

According to Judith A. Stein, the director of the Center for Medical Advocacy  and an attorney for the beneficiaries, said the changes could help a number of patients with chronic diseases. The changes could also provide financial relief for families and caregivers who often end up needing help themselves.

Stein said that care needs to change as the population is getting progressively older:

“As the population ages and people live longer with chronic and long-term conditions. The government’s insistence on evidence of medical improvement threatened an ever-increasing number of older and disabled people.”

Often, the denial of coverage leads to the denial of care because in many cases people cannot afford the care they need.

It is unknown by Stein and Medicare officials exactly how much the settlement will end up costing the government.

The director from the Center for Study of Chronic Illness and Disability at George Mason University, Dr. Lynn Gerber said the settlement is a significant decision:

“[It is] a landmark decision for Medicare recipients with chronic illness and especially those with disability….Disability frequently accompanies many chronic conditions and we often have no cures, so people are likely to experience progressive disability. Rehabilitation, physical and occupational therapy and skilled care are incredibly important in maintaining a person’s functional ability, performance and quality of life.”

Many of the separate lawsuit which were conjoined for the class-action suit involved patients who had medical conditions from young ages, with no chance of improvement. As their conditions worsened, compensation for the medical conditions was never given simply because the patients with chronic conditions were considered to never get better.

If a patient is not compensated for care, they may be entitled to compensation for medical conditions along with the pain and suffering associated with trying unsuccessfully to receive compensation.

If you or someone you know has been involved in such a situation, you should contact the Accident Attorneys’ Group today to see how much compensation you are entitled to for your losses.



Pharmacy Shut Down-Meningitis Medical Malpractice May Be At Fault


Patients put their trust in their medical professionals, or at least they would like to think they can trust these professionals and the treatments they provide without worrying about medical risks, like meningitis outbreaks. Unfortunately, this trust can not always be kept or restored after a patient has been injured because of medical malpractice.

The meningitis scare has plagued numerous states across the nation for months now as people wait to see if they were infected by a tainted steroid.  Yesterday, Massachusetts closed yet another compounding pharmacy, after an investigation revealed unsterile conditions, state officials said.

The pharmacy associated with the meningitis scare, Infusion Resource in Waltham, relinquished its license during the weekend,  Dr. Madeleine Biondolillo, director of the Bureau of Health Care Safety and Quality at the Massachusetts Public Health Department said.

Biondolillo did not disclose specifics about the inspection of the Infusion Resource, but did say that inspectors found “significant issues with the environment in which medications were being compounded.”

According to a New York Times report, the pharmacy had not been following state regulations and had been giving intravenous medications to patients. A cease-and-desist order was issued immediately after the state discovered the findings. There is no evidence that the drugs were contaminated though.

This marks the latest shutdown since the investigation of New England Compounding Pharmacy, which is responsible for the national meningitis outbreak, resulting in 25 deaths.

Unsanitary conditions were found at the New England Compounding Pharmacy, including mold on top of surfaces in addition to bacteria residue on sterilization equipment.

Operations have been suspended at the New England Compounding where most of the employees have been laid off.

Unannounced inspections of pharmacies have been issued by Governor Deval Patrick to the state’s Board of Registration in Pharmacy. Currently, there are 25 different pharmacies which prepare similar injectable medications, which Patrick says rules governing them are insufficient.

According to the Food and Drug Administration, although the administration can inspect pharmacies, states ultimately have jurisdiction.

The Massachusetts Department of Public Health’s interim commissioner, Dr. Lauren Smith said it is anticipated that all of the compounding pharmacies will be inspected by January 1.

A new report released indicated that state pharmacy boards did not generally enforce actions which would maintain the safety of compounding. Typically though, these pharmacy boards often focus more on normal pharmacy activities as opposed to compounding pharmacies.

Emergency rules about the compounding pharmacies’ requirements will soon be issued by the state, Smith said. Pharmacies will be required to submit reports frequently on distribution and production of injectable drugs.

If you or someone you know has been infected by an injection which was supposed to be safe but instead was not because of a pharmacy’s negligence, you could be entitled to compensation for your losses.

Contact the Accident Attorneys’ Group today and speak to one of our knowledgeable attorneys to find out how much compensation you are entitled to today!




Texas Opens 85 MPH Highway

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Texas opened a 41-mile stretch of State Highway 130 today with a new speed limit of 85 miles per hour — the highest legal limit in the U.S.

The new stretch of highway, part of a toll road also called the Pickle Parkway between Austin and San Antonio, is aimed in part at relieving congestion that is typical on Interstate 35, the main road between the two cities.

The Lone Star State generated controversy last year while considering a move to increase the legal speed on the highway, and the Texas Transportation Commission voted last summer to approve the 85 mph limit.

Safety experts who have long linked speed with highway fatalities, criticized the change. They say it is likely to increase the rate of deadly accidents. Still, to many Texans the speed boost may seem incremental at best. Some roads in the state, as well as in Utah, already permit speeds up to 80 mph. Drivers on German autobahns average about 84 mph.

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