Jackson & Wilson's...

Personal Injury and Wrongful Death Blog

AGGRESSIVE REPRESENTATION- Personal Injury, Wrongful Death, Business Litigation
Catastrophic Injury, Wrongful Death and Business Litigation Blog

$1 Million Jury Verdict In Punitive Damages Against Nursing Home

A Santa Ana jury Thursday awarded $1 million in punitive damages to the family of a 104-year-old woman who died after a short stay at Villa Valencia Health Care Center in Laguna Hills.
 
The judgment against the center's owner, Virginia-based Sunrise Senior Living, comes two days after the same Orange County Superior Court panel rendered a separate $1 million verdict for negligence in the March 2005 death of Mary Kathleen Adams of Laguna Hills.
 
This nursing home is just down the street from our office.  It's noted that back in Dec. 23, 2004, the state faulted Villa Valencia for understaffing, failing to check the backgrounds of several staff members and conducting inadequate investigations into complaints by patients' families.  The home was also cited twice last year, according to the nonprofit California Advocates for Nursing Home Reform
--

 del.icio.us  Stumbleupon  Technorati  Digg 

MySpace "Cyber Bully" charged with crimes

A Missouri mom who fraudulently created a MySpace account (she pretended to be a 16-year-old boy) to "cyber-bully" a 13 year-old girl who later committed suicide was charged in Los Angeles with crimes normally used to go after computer hackers or crooked government employees.


The victim was an ex-friend of the mother's daughter and prosecutors allege the mother used the MySpace account to inflict emotional distress on the young girl.


We believe that in addition to possibly being found guilty of these crimes, the mother will also be found responsible in a civil action for all damages relating to the wrongful death of the young victim which may be bought by family members.

--

 del.icio.us  Stumbleupon  Technorati  Digg 

Get Sick- Health Insurance Companies Drop Your Policy!

05-16-08:  Two of the state's largest health plans (Kaiser Permanente and Health Net) agreed Thursday to reinstate coverage to nearly 1,200 patients whose policies were dropped after they incurred high medical expenses.  Kaiser also agreed to pay a $300,000 fine to the state but did not admit any wrongdoing.


Just over the past year, we have had to help clients get their insurance companies to pay their doctors several hundred thousand dollars relating to claims they the companies first delayed with one excuse or another and even initially refused to pay.  If you have health insurance and your company is not stepping up to the plate and paying your bills, call us.  We can help!

--

 del.icio.us  Stumbleupon  Technorati  Digg 

$1,871,820 Awarded Against Kaiser Permanente

A patient who suffered a brain injury-causing stroke successfully was awarded $1,871,820 against Kaiser Permanente by an Arbitrator.  The patient successfully argued that Kaiser doctors were negligent in failing to perform a simple CAT scan which would have diagnosed the problem.


While medical malpractice cases are difficult to win in California and, damages are very limited because of MICRA, we do encourage all medical malpractice victims to contact experienced legal counsel with concerns and questions.  We are available to answer your questions and can be reached via our web site at www.jacksonwilson.com

 del.icio.us  Stumbleupon  Technorati  Digg 

Why are we opposed to tort "reform"?

Answer:  If what you are really asking is why we are opposed to changes that would improve the legal system, we are not.  We believe we should do anything we can to improve the system and make it more accessible to individuals and families like yours.

What we are against are the proposals that masquerade as "reform" but take away your rights.  The most common one is to limit--regardless of the facts--the compensation that a jury made up of members of the community provides for people who have been injured through no fault of their own.

This big-government, one-size-fits-all approach replaces the judgment of a jury that has heard both sides of a case with the arbitrary, predetermined judgment of politicians who know none of the case facts.

Most of what gets called "reform" are changes that would make the legal system easier on corporations and big businesses at the expense of individuals.  For example, limiting what a corporation can win in a lawsuit is never proposed.  "Reformers" want to limit only how individuals can be compensated when they are injured.  And they never propose limits on how many lawyers a corporation can hire or how much they may be paid, but they want to make it more difficult for you to get a lawyer when you need one.

We are in favor of real improvements to the legal system.  For example, we are all for enforcing laws prohibiting meritless lawsuits and frivolous defenses, prohibiting secrecy of settlements or evidence when public health and safety are at stake, and giving juries more authority to ask questions and take notes, if the parties agree, to help them determine fault and decide fair compensation.  These are the changes we believe are really necessary.

If you have any legal questions or comments, please contact us.  There's a good chance we can help!  Visit www.JacksonWilson.com

 del.icio.us  Stumbleupon  Technorati  Digg 

MySpace wins $230 million anti-spam judgment

A notorious "Spam King" and his partner now owe MySpace about $230 million in damages.
 
MySpace said the pair sent more than 730,000 messages to MySpace members, many made to look like they were coming from trusted friends, giving them an air of legitimacy.  Under the 2003 federal anti-spam law known as CAN-SPAM, each violation entitles MySpace to $100 in damages, tripled when conducted "willfully and knowingly."

 

 del.icio.us  Stumbleupon  Technorati  Digg 

Big News In The OC... SEC Sues Broadcom Founder Over Alleged Backdating

Big News In The OC... SEC Sues Broadcom Founder Over Alleged Backdating
 
Henry Samueli (Owner of the Anaheim Ducks) and Broadcom founder and former CEO Henry Nicholas III have been sued by the SEC and accused of participating in a scheme to backdate employee stock-option grants between 1998 and 2003.  In addition to Samueli and Nicholas, two other men were named in the suit: current general counsel David Dull, and former CFO William Ruehle.

 del.icio.us  Stumbleupon  Technorati  Digg 

California Supreme Court Approves Same Sex Marriages...

This just in: By a 4-3 vote, the California Supreme Court has overturned the voter-approved gay marriage ban.

The Court has ruled that the state of California’s interest in upholding the ban — that is, as the court explains, "the interest in retaining the traditional and well-established definition of marriage" — does not meet constitutional muster. It "cannot properly be viewed as a compelling state interest for purposes of the equal protection clause, or as necessary to serve such an interest."

Why is this important concerning personal injury and wrongful death cases?  Because in the past (and unlike married couples), the "significant other" in a same sex relationship had only very limited rights when it came to his or her partner being injured or suffering a wrongful death.  It looks like these rights are going to expand to the surviving "partner" similar to the traditional surviving spouse in a marriage.  We'll keep you updated...

 del.icio.us  Stumbleupon  Technorati  Digg 

Each Year, Almost 5 Million People Are Attacked by Dogs and 334,000 Dog Bite Victims Require Emergency Medical Treatment

Daily, about 1,000 dog bite victims are treated in hospital emergency rooms.  About 15-20 of these dog bite attacks result in death.

More than half of all dog bite victims are children who are usually attacked in the face and head.  For every fatal dog bite in the United States, there are about 230,000 bites that are not treated by a physician.

About 40% of American’s own at least one dog resulting in more than 55 million dogs in the United States.  A majority of dog bite attacks happen at home or at a neighbors house in the presence of family and friends.

Rottweillers and Pit Bulls lead the pack in numbers when it comes to maiming and deaths.  Eight out of ten dog bites involve a male dog.  Dog bite losses exceeded $1 billion dollars per year.

If you, a family member or friend are injured or sustain wrongful death because of a dog bite attack, we can help.  More details can be found at www.JacksonWilson.com

 del.icio.us  Stumbleupon  Technorati  Digg 

There is NO Litigation Explosion- Here are the facts...

Special-interest groups have been falsely decrying the existence of a "litigation explosion" for decades. They oppose the way citizen lawsuits and our civil justice system can serve as fair and fundamental checks on the power of businesses and governments.

To minimize accountability for wrongdoers’ harmful conduct, special-interest groups and their highly paid lobbyists promote efforts to limit the legal rights of American families, claiming that too many lawsuits have led to excessive costs and delays.  They just don’t trust the American people.

But there is no litigation explosion.

Since 1992, lawsuit filings have declined more than nine percent.

Automobile lawsuit filings, which make up the majority of all tort (or personal injury) claims, have fallen more than 14 percent since the early 1990’s.

Medical malpractice filings per 100,000 persons have dropped more than one percent.

In 22 of the 30 states that the National Center for State Courts examined, population-adjusted lawsuit filings declined over the last 15-20 years. The average change in tort filings across all 30 states was a 15 percent decrease.

The department of Justice’s Bureau of Justice Statistics reported that the number of civil trials decreased by 47 percent over the last 15-20 years and, the median inflation-adjusted award in all lawsuits dropped 56 percent during this same period of time to $28,000.

Always make sure to protect your valuable rights when it comes to personal injury and wrongful death cases.  We have the best civil and criminal legal system in the world and as an American citizen, you have the absolute right to use our system of justice to protect your valuable legal rights.  Call us with questions.  Go to www.JacksonWilson.com

 del.icio.us  Stumbleupon  Technorati  Digg