Archive for March, 2009

Malpractice Lawsuit Results in Multimillion Dollar Payout

Tuesday, March 31st, 2009

A malpractice lawsuit that was filed by a woman who suffered brain damage has resulted in a multimillion dollar award, according to recent reports. The lawsuit claimed that the woman, from Blackstone, suffered brain damage as a result the lack of treatment she received when she developed an illness during pregnancy.

The lawsuit had been filed by Kimberly Monson against Dr. Elizabeth Konig and Konig’s former medical practice, Dedham Medical Associates. The verdict was given earlier this week at Worcester Superior Court, and Monson was awarded nearly six and a half million dollars.

Monson’s lawyer, Gregg J. Pasquale, said that with interest the amount would add up to more than ten million dollars. He added: “She’s really a brave and courageous woman. It’s a great family and, hopefully, this can allow her to move on a little, I guess.”

Monson was thirty eight at the time of the incident, and was pregnant with her second child. She developed a condition that can lead to high blood pressure in pregnant women, and it is claimed that the condition was not treated properly causing her to suffer bleeding to the brain.

Lawsuit over Tortured Iraqis to Move Forward

Monday, March 30th, 2009

A federal judge has given the go ahead for an Iraqi torture lawsuit to continue, despite claims from a defence contractor that the lawsuit should be thrown out. The lawsuit was filed over allegations that civilian American interrogators severely mistreated and tortured Iraqis at the Abu Ghraib prison in Baghdad.

The defence contractor, CACI, had claimed that the company was immune from laibility over claims of war crimes, civil conspiracy, and physical abuse, but this claim was rejected by U.S. District Court Judge Gerald Bruce Lee, who said that the lawsuit could press ahead.

According to reports four Iraqi detainees have filed lawsuits claiming that they were beaten, mistreated, and subjected to severe physical and mental abuse in the Baghdad Central Prison by soldiers and civilian contractors that were assigned to the prison.

The federal judge said in a statement: “While it is true that the events at Abu Ghraib pose an embarrassment to this country, it is the misconduct alleged and not the litigation surrounding that misconduct that creates the embarrassment. This court finds that the only potential for embarrassment would be if the court declined to hear these claims on political questions grounds. Consequently, the court holds that plaintiffs’ claims pose no political question and are therefore justiciable.”

Whistleblower Lawsuit Filed against NCH Healthcare System

Friday, March 27th, 2009

A whistleblower lawsuit has been filed against the NCH Healthcare System by a woman who said that she was demoted and came close to being fired simply for doing what she thought was the right thing. She claims that the healthcare system has violated Florida whistleblower laws by penalising her for speaking to her supervisor about problem issues.

Laura Thomson was a clinical care coordinator at NCH North Naples Hospital. She said that after she highlighted problems to her superior she was demoted and made to carry out regular nursing duties, and that she almost ended up getting fired.

Thomson said that being demoted caused her humiliation, and also resulted in her income falling by almost fifty percent. She said that she had raised concerns over the safety of patients and had also reported a colleague for allegedly stealing drugs from patients and from the hospital, but that she ended up being punished for telling her superiors this.

Her lawyer stated: “Obviously, we feel no NCH employee should be punished for reporting illegal activity, especially when patient safety and patient care is concerned.” An NCH official said: “NCH is committed to operating its facilities in a legally compliant manner and has policies and procedures in place to address complaints as they are brought to our attention.”

Priest’s Brother Files Lawsuit

Thursday, March 26th, 2009

The brother of a priest has filed a lawsuit over a 2007 gas explosion that left his brother seriously injured. The priest was injured in his apartment following a gas explosion. Rev. James C. McCarthy was reportedly in hospital for months following the explosion, and he died in November of that year, allegedly as a result of these injuries.

The lawsuit has been filed against NorthWestern Energy, and the brother of the priest is seeking compensation for the medical expenses incurred as a result of his brother’s injuries, the pain and suffering that his brother experienced, damage to the property, and emotional distress.

According to the lawsuit there was a faulty threaded elbow joint on the service line that resulted in the explosion in the apartment. Butte fire marshal John Lasky claims that McCarthy and some of his neighbours did smell gas for some hours before the explosion but did not report this.

NorthWestern Energy did not comment on the lawsuit because it was still pending litigation, but reports claim that Leonard Leveaux, who was a division manager for the company at the time of the explosion, has also been named as a defendant.

Firefighters Sue City for Compensation over Pay

Wednesday, March 25th, 2009

According to recent reports a number of firefighters have decided to sue the City of Rockingham for compensation over pay. Ten firefighters in all are claiming that they are entitled to compensation from the city in relation to overtime pay. The lawsuit was filed last week at the United States District Court for the Middle District of North Carolina.

The complaint claims that the firefighters “have worked hours in excess of hourly levels specified in the (Fair Labor Standards Act).” It also goes on to claim that the city failed to “provide the plaintiffs with overtime compensation at a rate of one and one-half times their regular rate of pay for the hours plaintiffs worked in excess of the hourly levels specified in Section 7(k) of the FSLA, thereby violating Section 7 of the FLSA.”

The lawsuit stated that the plaintiffs were unsure at that time just how much they were owed in terms of unpaid overtime, but that the city acted in a “knowing, willful, bad faith and reckless manner.” The plaintiffs have all listed with the International Association of Fire Fighters Local Chapter 4702.

One firefighter said: “We have joined the IAFF for the benefit of the firefighters. We put our lives on the line for your protection, and the IAFF is there to protect us.”

Lawsuit Filed Against J Lo and Other Movie Cast Members

Tuesday, March 24th, 2009

A lawsuit has been filed against Hollywood superstar and singing sensation, Jennifer Lopez, over the script of one of her movies. It is not just Jennifer, otherwise known as J Lo, that is being sued, but also a number of other cast members that were involved in the same movie,The lawsuit relates to the movie Monster in Law, and has been filed by a woman from North Carolina who claims that the superstar and other cast members stole her script ideas for the movie, which made over one hundred and fifty thousand dollars.

Sheri Gilbert, who filed the lawsuit in the U.S. District Court in Raleigh, said that she should receive a share of the one hundred and fifty five thousand dollars that the movie made. She claims that she is the victim of copyright infringement. Gilbert and her husband claim that the movie was made through stealing a character from a script that they wrote in 1998.

However, an attorney representing the defendants in the lawsuit said that the pushy mother in law character in the movie cannot be seen as a specific character, but Gilbert insists that there are too many similarities between the character in her script and the one in the movie.

Fifty Million Dollar Lawsuit Filed over Chimp Attack

Monday, March 23rd, 2009

After she was attacked by a friend’s pet chimpanzee, the family of a woman has filed a fifty million dollar lawsuit against the owner of the animal. It was reported a couple of weeks ago that Charla Nash, who remains in a critical condition, was attacked by the chimp.

The chimp belonged to her friend, Sandra Herold, and Herold has now been accused of negligence and recklessness. It is further claimed that Herold had given the animal some medication that had made his violent behaviour even worse.

A lawyer for the plaintiffs said: “Going forward, there’s going to be astronomical expenses associated with the procedures she’s going to require.” Nash’s brother added: “No amount of money can compensate my sister for the injuries she has suffered. Nevertheless, it is my belief that probable cause exists that judgment will enter in favour of the plaintiff in the amount of at least $50m.”

The lawsuit was filed in Stamford, Connecticut, and the defendant has been banned from selling or mortgaging her assets in the meantime. The chimp was shot and killed by police officers after the attack.

Wrongful Death Lawsuit Filed Against UCF

Thursday, March 19th, 2009

According to recent reports a wrongful death lawsuit has been filed against UCF following the death of a football player who is said to have died following a workout. The family of the man have filed the lawsuit after he died during practice.Ereck Plancher was nineteen years of age and came from Naples. His family are claiming wrongful death in the lawsuit, and are seeking damages of more than fifteen thousand dollars, according to reports. He died a year ago after a workout at the University of Central Florida campus.

However, despite the wrongful death lawsuit filed by the family of Plancher the university insists that it did nothing wrong. The lawsuit, however, claims: “During the course of the ‘mat drills,’ (Plancher) experienced exhaustion, dizziness, shortness of breath, loss of balance resulting in a collapse, inability to verbally respond to questions, and other signs of extreme fatigue that were ignored by trainers and/or coaches.”

A university spokesperson said: “Per university policy, UCF will not discuss specifics about the lawsuit. The health of our student-athletes is our top priority. UCF has made that clear by conducting a comprehensive and independent review of the football program’s training policies and procedures. The results of that review are expected soon.”

Lawsuit Filed over Exploding iPod Touch

Wednesday, March 18th, 2009

A lawsuit has been filed by the parents of a boy whose iPod Touch allegedly exploded in his pocket, leaving him seriously injured. The lawsuit has been filed by the mother of the boy, who is from Ohio, and she is demanding two hundred and twenty five thousand dollars in damages from Apple, the maker of the device.

The lawsuit was filed earlier this week in Cincinnati, and it claims that the fifteen year old boy had the device in the pocket of his pants when it exploded, leaving him seriously injured and burned. The lawsuit said that the boy was at school at his desk when he “heard a loud pop and immediately felt a burning sensation on his leg.”

The boy then apparently got up only to find that the device was on fire. The lawsuit stated that he “immediately ran to the bathroom and took off his burning pants with the assistance of a friend. The Apple had burned through [his] pants pocket and melted through his Nylon/Spandex underwear, burning his leg.”

In addition to second degree burns the boy is said to have suffered other “physical and mental conditions which will cause him to suffer pain, mental distress, emotional distress, and otherwise for the rest of his life.”

Family of Dead Man Settle Lawsuit Against King County

Monday, March 16th, 2009

A lawsuit against King County has been settled for one and a half million dollars after the lawsuit was filed by the family of a twenty one year old man that was killed by a metro bus. Michael Dahlquist died in April 2007 after the bus swerved into his lane killing him as the result of a head on collision.

The driver that was driving the other vehicle was Sandie Olosky, and a passenger in his truck was also apparently injured as a result of the collision. Michael’s father Jeff Dahlquist said: “I still have nightmares all the time of that day. Nobody ever wants to ever experience it.”

The driver of the bus was fired from her job after being cited for negligent driving by the Washington State Patrol. She apparently had a number of complaints filed against her since 1997, and had already been fired from her job once but had then been reinstated.

The boy’s mother said that no amount of money would make up for the loss, stating: “If we would have gotten a $10 million settlement we still would be as empty as we are now. There is no amount of money that could change the heartache that she has caused us.”