At Estey Bomberger, our San Diego bicycle accident attorneys understand the imminent dangers cyclists face on city roads. One of our founding partners, Mike Bomberger, is an avid cyclist who has experienced the pain and suffering associated with a bicycle accident injury. Mike’s experience as a bicycle accident victim has given him a unique perspective to handling bicycle accident claims and he is passionate about helping victims see justice served. For several decades in San Diego and throughout the state, Mike and his colleagues have helped numerous bicycle collision victims obtain substantial settlements and verdicts for accident-related damages. Types of San Diego Bicycle Accident Injuries Cyclists typically suffer severe injuries when hit by a car, truck, or bus. Examples of severe bicycle accident injuries include traumatic brain injuries, spinal cord injuries, ruptured organs, muscle and ligament injuries, bone fracture injuries, head injuries, back injuries, paralysis, concussions, coma, amputation (limb loss) injuries, road rash injuries, and fatal injuries. We can make the Legal Process a Smooth One If you or a loved one were seriously injured in a bicycle collision, you may be able to file a personal injury claim to recover damages. At Estey Bomberger, our San Diego bicycle accident lawyers understand the most important task for you is recovery, which is why we strive to make the legal process a smooth one. Upon hiring, [...] Read more »
Bicyclists Face Imminent Danger on the Road in San Diego
Louisville Woman Files Lawsuit Against Medtronic for Spine Surgery Injuries
KENTUCKY – A Louisville woman, Crystal Stevens, filed a lawsuit against Medtronic and Norton Hospital for disabling complications she suffered after undergoing an “off-label” spine surgery in 2006. According to the lawsuit, Stevens suffered permanent nerve damage after having an Infuse bone graft implanted in her spine. As a result of her injuries, Stevens must lie flat the majority of the time and must rely on her husband for help with the simplest tasks, such as tying her shoes and shaving her legs. The lawsuit claims that Medtronic downplayed the risks associated with the off-label use of the Infuse bone graft and illegally promoted the bone graft for purposes not approved by the Food and Drug Administration (FDA). The Infuse bone graft contains a genetically engineered version of a protein found naturally in the body called bone morphogenetic protein (BMP). When implanted in the spine, BMP grows into bone. However, the FDA found that some patients experience ectopic bone growth (uncontrolled bone growth) after implantation. The FDA has also received complaints from patients claiming that off-label use of the bone graft caused them to suffer inflammatory cyst formation, difficulty breathing, difficulty swallowing, difficulty talking, nerve damage, and retrograde ejaculation. If you or a loved one suffered a serious complication as a result of undergoing an off-label Infuse bone graft procedure, please contact a Medtronic bone [...] Read more »
Family of Utah Officer Killed in Crash Files Wrongful Death Lawsuit
UTAH – The family of a Sevier County sheriff’s sergeant who was tragically killed after being hit by a car filed a wrongful death lawsuit against the drivers involved in the crash. On April 29, 2010, Sgt. Franco Aguilar had stopped to investigate a single-vehicle car accident on Interstate 70 in Sevier County when another vehicle hit him. The impact catapulted Aguilar over the side of a bridge and he fell 250 feet to his death. In addition to the driver who hit Aguilar, the lawsuit names the driver of the car Aguilar had stopped to help, the owner of the vehicle who allowed the driver to use the car, and the Utah Department of Transportation. The lawsuit, which seeks an unspecified amount of damages, claims the driver of the car that hit Aguilar was traveling too fast for the icy conditions of the road. The lawsuit also claims that the Utah Department of Transportation failed to properly maintain the bridge Aguilar fell off of. In June 2011, the driver of the vehicle that struck Aguilar was sentenced to 30 days in jail and was ordered to give 30 presentations to Utah high school students on the importance of safe driving. Losing a loved one in a tragic car crash caused by the negligent actions of another person can be emotionally, physically, and financial devastating. [...] Read more »
FDA Recalls Medical Device Used to Determine Heart Damage
MARYLAND – On March 12, 2012, the U.S. Food and Drug Administration issued a Class I recall for Elecsys Troponin I and Elecsys Troponin I STAT Immunoassays, which are medical devices used to determine heart damage as an aid in the diagnosis of a heart attack. The Class I recall, which is the most serious type of recall due to a high probability of serious adverse health consequences or death with use of the product, was issued because the medical devices could give a falsely low result when reading certain types of plasma samples. An incorrect reading could lead to misdiagnosis and ultimately, serious adverse health complications and possibly, death. The lot number for the recalled Elecsys Troponin I and Elecsys Troponin I STAT Immunoassays are: 163176 and 163177. The defective medical devices were distributed June 29, 2011 through January 13, 2012. Roche Diagnostics, the manufacturer of the recalled assays, sent a letter to its consumers advising them to discontinue use of the affected products immediately. If you suffered a serious adverse health condition, or lost a loved one as a result of using the recalled assays, you would be well advised to speak to a California dangerous products attorney at Estey Bomberger immediately. For several decades throughout the state, we have helped victims of defective or dangerous medical device products see justice served. We [...] Read more »
New York Family Will Receive $5.3 Million Settlement for Birth Injury
NEW YORK – A New York family will receive a $5.3 million settlement from New York Presbyterian Hospital for inadequate care the mother received while a patient at the hospital. Despite visiting New York Presbyterian Hospital several times for treatment while pregnant, the mother gave birth prematurely (32 weeks) to a baby diagnosed with quadriplegic cerebral palsy. According to the lawsuit, the hospital did not take enough steps to prevent a premature birth. Cerebral palsy is an umbrella term used to describe movement, muscle or posture dysfunction. Cerebral palsy is usually acquired at an early age and can even be acquired before birth. There are many causes of cerebral palsy, including premature birth. A prematurely born infant’s brain is susceptible to heavy bleeding, which can cause cerebral palsy. Prematurely born babies can also develop serious respiratory issues, which can lead to decreased periods of oxygen that may result in cerebral palsy. When a medical institution fails to provide patients with adequate care, the institution may be financially liable for damages associated with a birth injury. The California birth injury lawyers at Estey Bomberger have recovered millions for parents whose children suffered a birth injury or birth trauma, including a $2 million settlement with a doctor who failed to perform an AFP blood test during pregnancy, which resulted in the birth of a child with physical [...] Read more »
Third Lawsuit Filed Against Roller Coaster Company for 2011 Crash
VIRGINIA – A third lawsuit has been filed against a Florida ride company, Deggeller Attractions, for injuries sustained in a roller coaster crash that occurred at the Salem Fair in summer 2011. According to the Roanoke Times, the mother of a young girl, Samantha Goad, filed the lawsuit on her behalf in federal court this week. In the lawsuit, Goad claims her daughter suffered serious injuries as a result of an accident that occurred on a ride owned by Deggeller. According to reports, the car Goad was riding in suddenly stopped and was rear-ended by another car. Goad’s mother is seeking $1 million in damages in the lawsuit. Earlier this year, two other people, George Roseberry and Brittney Simms, filed similar lawsuits against the ride company over the same incident. Roseberry and Simms are also seeking $1 million in damages. Amusements parks are unfortunately, often the scenes of tragic accidents. Accidents caused by inadequately maintained rides, mechanical failure, malfunctioning lap bars, ride operator error, and defective ride parts can cause serious rider injuries or worse, rider death. Children are particularly vulnerable to injury when riding an attraction at an amusement park. According to the Consumer Product Safety Commission, children sustain approximately 51 percent of amusement park related injuries. If you or your child was injured while riding an attraction at an amusement park, [...] Read more »
Family of Woman Killed in Truck Accident Awarded $2.9 Million
SACRAMENTO – The family of a woman who was tragically killed in a truck accident in Redding on April 10, 2009, was awarded $2.9 million in damages by a Sacramento Superior Court jury. Rosa Arenas, 52, was traveling from her home in Oregon to visit her children in Los Angeles when a United Parcel Service (UPS) truck on Interstate 5 struck her. According to the lawsuit, the driver of the UPS truck, William Steverson, made an unsafe lane change, which caused the fatal collision. UPS denied any responsibility for the crash and tried to blame Arenas for the tragic accident. In addition to funds for economic damages, the family will receive compensation for loss of love, loss of affection, loss of comfort, and other types of non-economic damages. Truck accidents injure and kill thousands every year in the United States. Accidents involving a semi, 18-wheeler, tanker truck, delivery truck, big-rig or any other type of commercial truck can produce catastrophic results due to the large size of these trucks. In fatal commercial truck accidents, approximately 98 percent of those killed are the occupants of a passenger vehicle, reports the Fatality Analysis Reporting System. If your loved one was tragically killed in a truck accident, please contact a California truck accident attorney at Estey Bomberger. As seasoned advocates of the injured and bereaved, we understand how [...] Read more »
Florida Mom Files Lawsuit after Nurse Severs Daughter’s Finger
TAMPA BAY, FL. – Veronica Olguin is suing Heart of Florida Regional Medical Center in Tampa Bay, Florida for a 2011 accident that left her then 3-month-old daughter with a severed finger. Olguin had taken her daughter, Selena, to the hospital because of a high fever that wouldn’t break, but as they prepared to go home a nurse cut off half of the infant’s pinky finger as she was trying to remove an IV. Olguin told reporters, “…There was blood everywhere. It was all over her shirt, it was on my shirt. She was red, she was screaming.” Selena was rushed to a hand specialist, but the tip of her tiny finger was too small to reattach. Olguin says she still has nightmares about the day her daughter’s finger was cut off and worries that Selena’s missing finger will affect her ability to play sports. Olguin is also worried that Selena will be teased by other children. Hospital officials are calling the incident an “unfortunate accident,” but did not release the nurse responsible for cutting off the infant’s finger. The California amputation injury lawyers at Estey Bomberger have successfully represented individuals who have lost a finger, hand or limb in almost any type of accident caused by the negligent or careless actions of another person. We understand the life-changing effects an amputation injury can have [...] Read more »
Six New Lawsuits Filed against Citadel for Alleged Sexual Abuse by Former Employee
CHARLESTON, S.C. – Six new lawsuits have been filed on behalf of three victims who claim they were sexually abused by former Citadel Summer Camp teacher and coach, Louis “Skip” ReVille. The lawsuits, which were filed Monday, March 19, 2012, came months after ReVille was accused of molesting 22 boys between the ages of ten and 14 over the course of a decade and was arrested on five counts of second-degree criminal misconduct with a minor, 12 counts of committing a lewd act on a minor, and five counts of dissemination of obscene material to a minor. According to reports, ReVille convinced many of the boys to perform oral sex on him, forced them to watch pornographic videos, and masturbated in front of them as they watched the videos. If criminally convicted, ReVille could face a 305-year maximum prison sentence. The lawsuits not only named Reville, but the Citadel, the school’s president, Lt. Gen. John W. Rosa, and the school’s former summer camp director, Major William Bates. According to the lawsuits, the school, Rosa, and Bates knew about ReVille’s horrific behavior and never reported it or did anything to stop the abuse. A representative for the school claims no one at the Citadel had any idea of what Reville was doing, but according to the lawsuits, Rosa and Bates concealed knowledge of the sexual abuse. [...] Read more »
Heavenly Mountain Resort faces Second Ski Accident Lawsuit
LAKE TAHOE – A ski accident lawsuit, which was filed last week in U.S. District Court by Elisabeth Benschop, 54, is the second lawsuit filed against Heavenly Mountain Resort in less than six months. Benschop is seeking $75,000 in damages for a brain injury she suffered after being knocked unconscious by an Argentinean woman who allegedly worked at Heavenly Mountain Resort. Benschop is accusing the company who runs the resort, Vail Resorts Inc., of negligence, emotional distress, and loss of relations. The company is denying any responsibility for the ski accident, claiming the woman who hit Benschop while skiing down an Olympic run did not work for the resort. The first lawsuit against Heavenly Resort was filed in December 2011 on behalf of Kimberly Bland. Bland claims she was injured on an Olympic slope after a resort employee crashed into her with a snowboard. Both lawsuits highlight “a continuing pattern of skiing accidents at Heavenly, caused by Vail’s youthful foreign national employees.” According to the lawsuit, Heavenly Resort’s seasonal employees from abroad are not provided adequate training or insurance. If you or a loved one were seriously injured in a ski accident, please consult a California ski and snowboard accident attorney at the law firm of Estey Bomberger. We will handle every legal aspect of your case so that you can focus on your recovery. [...] Read more »