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Orange County Wrongful Death Law Blog

Defective medical device came with inadequate instructions

Nearly everyone who has spent any time in a hospital probably has a pretty good idea that cleanliness is of the utmost importance. Some visitors might even be hard-pressed to travel more than a few feet in a California hospital without encountering a hand-sanitizing station. However, in situations where a sterile environment is required, it is possible that a defective medical device may not have been getting the job done.

A defective product is not always one that malfunctions, but may simply be dangerous due to a manufacturer's lack of instructions or warnings. This is apparently what happened with a surgical tool manufactured by Greatbatch Medical Orthopedic. The initial instructions that accompanied the tool required that it be sterilized by steam. A later review found that this was inadequate.

Parents affected by Graco recall may file product liability claim

A car seat is usually one of the first items that a child in California uses outside of the hospital. Car seats are particularly important for small children, who may be some of the most vulnerable in the event of a car crash. It's possible that some parents may choose to bring a product liability claim against Graco, the manufacturer of a car seat that produced and distributed car seats with a faulty buckle.

In Oct. 2012, some of Graco's car seats and bucklers were investigated following multiple complaints from customers. By Jan. 2014, the number of parents complaining to Graco about the buckle rose to 6,000. Apparently, the buckle on certain car seat models would stick, forcing some parents to have to cut the seat's straps just to get their child out. Despite these complaints, Graco initially denied responsibility and instead blamed its customers, stating that the buckles stuck because of dried food or liquid.

Hurt in a car accident? The insurance company isn't on your side

Much of what most people in California do relies on some type of modern transportation. Residents use their cars for more than just getting to and from work or dropping their kids off at school. For some, much of the day may be spent driving from one place to another. Unfortunately, some drivers on the road ignore posted speed limits, spend more time looking at their cell phones than the road or climb behind the wheel after a few drinks. These types of drivers put others who follow the rules of the road at serious risk for a car accident and even catastrophic injuries.

Serious wrecks only take a moment to occur, but the impact can have far-reaching consequences for the victim. Even if a victim took all of the necessary precautions, such as wearing a seat belt, serious brain or other physical injuries are not uncommon. As most probably already know, serious injuries have steep financial implications.

Victim pursues medical malpractice claim after loss of legs

As most people who have gone under the knife might acknowledge, going to the hospital for surgery can be an unnerving experience. While the majority of California patients come out safe and sound, even a seemingly minor mistake made during surgery can result in serious and life-long implications. One patient who recently underwent surgery is now pursuing a medical malpractice claim against a surgeon that he believes caused his injury.

In an effort to lose weight, the patient was undergoing a gastric sleeve procedure at the Kim Bariatric Institute. This type of operation helps patients shed unwanted pounds by making the stomach smaller, so that the patient can only eat a small amount at a time. Unfortunately, during his operation in 2013, he says that his aorta was severed, triggering a series of serious incidents.

Companies make finding liability in nursing home neglect hard

Deciding to place a loved in a nursing home is rarely an easy decision, and it is often devastating when a family realizes that they can no longer care for a beloved parent or grandparent. However, some of the California nursing homes that families turned to for help may have actually done more harm than good. According to some, the necessary action to protect patients from nursing home neglect isn't being taken.

Among one chain of California nursing homes, the turnover rate for its nursing staff was a shocking 90 percent. Combined with the information that another statewide chain of homes received complaints of abuse seven times higher than other similar nursing homes, the uneasiness and worry that some families might experience when putting their loved in in a nursing home can be understandable. One of the more complex issues that families might be unaware of until it's too late is who actually owns many of these homes.

Lyft vehicle involved in serious auto accident, killing passenger

Ridesharing instead of traditional taxis and public transportation has been popping up across America and may be particularly popular with younger individuals. Popular ridesharing company Lyft helps those who need a ride locate one through the use of their app. Unfortunately, a California man never got to his destination after the Lyft vehicle that he was traveling in was involved in a serious auto accident.

The deadly wreck occurred shortly after a hit-and-run took place. An SUV was struck from behind, causing it to spin out and stall on the Interstate while the driver who struck it fled. Although it's unclear how much time had passed between this and the following event, the driver of a Lyft vehicle had to swerve in order to prevent a collision with the SUV. However, instead of hitting the vehicle, it slammed into a tree, killing one of its passengers.

Medical malpractice caps could change following election results

Inflation's sting may be felt anywhere from the grocery store checkout to a monthly water bill as some California families struggle to make a stagnate paycheck stretch further and further. This ache may be particularly difficult to deal with when it comes in the form of medical bills, especially ones that could have possibly been avoided. While victims of medical malpractice can seek compensation for both their bills and pain and suffering, some argue that the cap on certain damages isn't appropriate for this day and age, and the issue was to be voted upon in the midterm elections on Nov. 4. 

Back in 1975, the state of California put a cap on noneconomic damages in medical malpractice claims. For victims seeking justice for unnecessary pain and suffering, the most they can receive is $250,000. If inflation were taken into account, that figure would stand at $1.1 million. Proposition 46 sought to raise this cap to more accurately reflect the current economic times. 

Many supplements conceal banned defective drug

With claims like "natural" and "healthy," many herbal supplements have infiltrated the lives of California residents. Recent research has indicated that many herbal and dietary supplements may not be as healthy as was originally claimed. Indeed, many may actually be a defective drug and hazardous to the health of those that choose to take them. 

When it comes to published papers in scientific journals, retraction is not a common event. However, that's just what two researchers recently did when they yanked their paper asserting that a green coffee bean supplement could increase weight loss for those in need. While surprising, this is hardly the most notable recent even concerning supplements.

Compensation is possible for a defective medical device injury

Scientific and technological advances have helped provide a vast array of medications and medical devices that can treat anything from an annoyance as simple as acne to a serious disease like cancer. While many of these have helped manage otherwise painful diseases or illnesses for patients in California, not all have acted as they should have. Sadly, a defective medical device can have a serious impact on an individual's life, and in some instances, action may be necessary.

Although some procedures, such as Lasik, may be readily familiar to most readers, how the eye surgery is actually performed may be less clear. For instance, various lasers can be used to perform this often life-changing surgery. However, after one individual chose to use a laser that had not been FDA approved, at least three different patients suffered bacterial infections in their eyes. 

California man accused of nursing home neglect

While the care and well-being of the residents of nursing homes in California should always come before potential profits, some claim that one nursing home owner may have had his priorities backwards. Suspected nursing home neglect may have occurred in dozens of facilities that provide long-term care for the elderly. That man in question actually owns the company Brius Healthcare Services.

Brius Healthcare Services provides the largest number of nursing homes in the state of California. However, in a class action lawsuit, allegations of suspected abuse and neglect point to the claim that the various facilities were usually understaffed. Additionally, the suit alleges that 57 residents were admitted to a nursing home without being informed that the facility was already understaffed.