Archive for 'Wrongful Death'

Listeriosis Outbreak from Tainted Cantaloupes Reaches Virginia

 

The Listeria outbreak connected to Rocky Ford whole cantaloupe grown in Colorado has sickened a Virginia resident, however the person was exposed to the tainted cantaloupe while in Colorado. 

Jensen Farms of Holly, CO recalled shipments of Rocky Ford whole cantaloupe after the Listeria outbreak was traced back to the produce. The Rocky Ford whole cantaloupes were shipped from July 29 through September 10th to numerous states during this time. The Centers for Disease Control and Prevention (CDC) announced that the outbreak has announced that 14 states have been affected so far with a confirmed 55 illnesses and 8 deaths.
So far illness and death have been reported in: California, Colorado, Illinois, Indiana, Maryland, Montana, Nebraska, New Mexico, Oklahoma, Texas, Virginia, West Virginia, Wisconsin, and Wyoming. 
According to the CDC, Listeriosis is a serious infection usually caused by eating food contaminated with the Listeria monocytogenes bacterium. It is found in soil and water and when the Listeria bacteria gets into a food processing factory, it can live there for years contaminating food products. 
The CDC is urging that you do not eat Rocky Ford cantaloupes from Jensen Farms and should dispose of them.  Those at highest risk for the listeriosis infection are pregnant women, older adults, and those with weakened immune systems.

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Carbon Monoxide Poisoning Leading Cause of Unintentional Deaths in US says CDC

Centers for Disease Control and Prevention (CDC) research has revealed that carbon monoxide (CO) poisoning was the leading cause of unintentional deaths in the United States between 2000 and 2009. 
  • Non fire related CO poisoning accounts for approximately 15,000 emergency room visits and 500 deaths annually. 
  • 68,316 CO exposures were reported reported to poisoning centers between 2000 and 2009
What is Carbon Monoxide?
According to OSHA, “Carbon monoxide (CO) is a poisonous, colorless, odorless, and tasteless gas. Although it has no detectable odor, CO is often mixed with other gases that do have an odor. So, you can
inhale carbon monoxide right along with gases that you can smell and not even know that CO is present. CO is a common industrial hazard resulting from the incomplete burning of natural gas and any other material containing carbon such as gasoline, kerosene, oil, propane, coal, or wood. Forges, blast furnaces and coke ovens produce CO, but one of the most common sources of exposure in the workplace is the internal combustion engine.”
Why is Carbon Monoxide Harmful?
Carbon monoxide reduces the amount of oxygen delivered to the body’s vital organs such as the heart or the brain. When exposed to large enough amounts of CO it can cause you to suffocate or lose consciousness within minutes. 
What are the Symptoms of CO poisoning?
The most common symptoms of carbon monoxide poisoning include:
  • headache
  • dizziness
  • weakness
  • nausea
  • vomiting
  • chest pain
  • confusion
  • loss of consciousness
  • suffocation
  • death
Carbon Monoxide Poisoning Lawsuits
Carbon Monoxide is produced as a result of the incomplete burning of elements containing carbon.  It forms when there is not enough oxygen to produce carbon dioxide (CO2). 
Injuries and death usually occur when equipment is not properly installed, maintained, or there is inadequate ventilation.
According to an OSHA CO fact sheet, places you may be exposed to harmful levels of CO include:
 
 

  • boiler rooms
  • breweries
  • warehouses
  • petroleum refineries
  • pulp and paper productions

 

   

  • steel production
  • docks
  • blast furnaces
  • coke ovens 

 

Occupations that may cause someone to be exposed to high level of Carbon monoxide include:
 
 

  • Welder
  • Garage Mechanic
  • Firefighter
  • Carbon-black maker
  • Organic chemical synthesizer
  • Metal oxide reducer
  • Longshore worker

 
 
 

  • Diesel engine operator
  • Forklift operator
  • Marine terminal worker
  • Toll booth or tunnel attendant
  • customs inspector
  • Police officer
  • Taxi driver

 
If you or a loved one have been seriously injured by carbon monoxide poisoning due to someone else’s negligence, contact our Attorneys for a free consultation. 
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Manassas Man Dies After Being Tased by Police

Debro Lamonte Wilkerson of Manassas, Va died Saturday after being tased by Prince William County Police.
According to WUSA9.com, Mr. Wilkerson was being treated for a medical emergency when police say he became combative with paramedics. He then lunged at an officer, who in self defense deployed a taser.
Officers were in the process of placing handcuffs on Wilkerson, however he jumped up and ran out of the ambulance. He then assaulted a relative, but finally let her go after police threatened to use pepper spray.
While in custody Mr. Wilkerson told police that he had been using heroin and PCP.  Once they returned to the ambulance he again lunged at them and ran out of the ambulance.  Police officers caught up to him and deployed a taser again to stop him. Wilkerson continued to resist arrest.
According to the police report, while officers restrained him, paramedics applied medical treatment.  He eventually became very passive, and his vital signs began to deteriorate.  They could no longer find a pulse and began resuscitation efforts. Mr. Wilkerson was taken to the hospital, but was later pronounced dead.
An investigation is still on going, and an autopsy is schedule to be performed today.
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While tasers are designed to be a safe alternative to guns there are still incidences of taser related deaths, many of which have lead to lawsuits.
In 2008, the largest stun-gun maker lost a $6.2 million lawsuit over the death of Robert Heston, a California man shot multiple times with a taser by police.  The products liability lawsuit against Taser International Inc., alleged that the company failed to warn police that prolonged exposure to electric shock could cause cardiac arrest.
In 2009, Pamela Brown won $65,000 in a federal lawsuit after police tased her on Granby Street in Norfolk, Va.  Pamela Brown who has a brain injury from being hit by a truck years ago, was listening to music and hula hooping on a median. She was tased because she began hitting an officer who asked her to turn down a radio.
In 2010, a North Carolina family filed a wrongful death lawsuit against the Taser International Inc., over the death of their teenage son.  Darryl Wayne Turner died of cardiac arrest after being tased twice by police. According to FoxCarolina.com, the officer first held the trigger for 37 seconds, and then again for 5 seconds.  The jury awarded $10 million to the family stating the company did not provide adequate warning or instruction about the use of the stun-gun to Charlotte police creating an unreasonably dangerous condition.
Amnesty International estimates that over 350 people have been killed in taser related deaths.
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Eastern Shore car accident kills 2 and injures 2 others

According to WVEC.com, two people were killed and two others were injured in a car accident on the Eastern Shore around 10:00PM last night.
The vehicle, a Buick Century, was traveling on Route 178 when it ran off of the road, hit a tree stump, and overturned.
The driver, Cecilio Purdena Alaniz, and the front seat passenger, Shirley Mae Tate, were both killed. Both Alaniz and Tate lived in Craddockville.
The two back seat passengers were taken to the hospital with non-life threatening injuries.

Va. State Police have said everyone in the vehicle was wearing a seat belt, however alcohol may have contributed to the crash.

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Worker Killed in Accident at Chesapeake Golf Course

Wavy.com reports that around 10AM yesterday morning, Chesapeake police responded to a fatal industrial accident at the Cahoon Plantation Golf Course in Chesapeake.
Michael Costa of Camden, North Carolina, the maintenance superintendent for the golf course, was identified as the victim in the accident.
According to The Virginian Pilot, Detective Ronnie Young determined that Mr. Costa was crushed by a lawn sprayer and died of mechanical asphyxiation.

The accident is still under investigation by the Police and OSHA.

 

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Related Links

 

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Chesapeake man killed after faulty fuel line causes SUV fire; woman & child injured

An unfortunate accident occurred Sunday when a 2011 Chevrolet Traverse caught fire due to what police are saying was a faulty fuel line killing James Anthony Weschler.

Michelle Weschler and a four year old child in the backseat were able to get out of the vehicle when someone stopped to help them escape.

According to WVEC.com, she was taken to Sentara Norfolk General Hospital and is in critical condition. The child was also injured and taken to Children’s Hospital of the King’s Daughters.

The accident happened occurred near Little Creek Road on I-64.

Mr. Weschler was 38 years old and a Chesapeake resident.  According to the Virginian-Pilot he was in the Navy.

 

Norfolk, Virginia Defective Product Injury & Wrongful Death Lawyers

  • Defective products, such as auto parts of poorly designed cars or medical products, are known to cause physical injury, illness, or even death.  With these types of cases it is not uncommon for serious injury to occur before the defect is found. If you believe that you or a loved one were injured due to a defective product, contact our Norfolk, Virginia injury attorneys for a free consultation. Local:757-233-0009 or Toll Free: 877-544-5323

 

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Nursing Home Abuse & Personal Injury

 

Nursing home injuries, and even deaths, are all too common when: a facility is under staffed, its staff members are poorly trained, or when individual staff members just doesn’t care.

If you are currently exploring the residency of a nursing home, for yourself or a loved one, be sure to do your research. Quality ratings, health inspections, quality measures, and nursing home staffing numbers are all very important factors to know about a facility before making a decision. Medicare.gov provides you with all of this information in addition to other resources and checklists to help you make this important decision.

Nursing home malpractice has many forms:

  • Falls in Nursing Homes
    • According to the Centers for Disease Control and Prevention (CDC), about 1,800 patients living in nursing homes die each year from fall related injuries. A nursing home averaging about 100 beds will report 100 to 200 falls each year.
    • 10% to 20% of nursing home falls cause serious injuries
    • 2% to 6% cause fractures
    • Nursing home staff have a responsibility to conduct a fall-risk assessment, which will aid in the reduction and prevention of patients falling.
    • Negligence may occur when a patient has a pattern of falls and there is a clear failure on the part of the staff to apply any sort of accommodation to prevent future falls.
  • Bed Sores or Pressure Sores
    • As defined by MedicineNet.com, a bed sore is: “A painful, often reddened area of degenerating, ulcerated skin caused by pressure and lack of movement, and worsened by exposure to urine or other irritating substances on the skin. Untreated bed sores can become seriously infected or gangrenous. Bed sores are a major problem for patients who are confined to bed or a wheelchair. They can be prevented by moving the patient frequently, changing bedding, and keeping the skin clean and dry. Also called a pressure sore, decubitus sore, or decubitus ulcer.
    • Most often when a bed sore develops, it is usually a clear sign that the patient is not being cared for properly. Reasons for lack of care may include: negligence, under staffing, or poorly trained staff members.
  • Wrongful Death
    • A wrongful death can occur when the death of a patient has occurred due to the nursing home facility’s negligence. The loved one’s family may bring a wrongful death lawsuit against the facility as a result of it’s negligence.
    • Common reasons for wrongful death include: death due to the lack of accommodation for a patient known for falling, death from infection or serious complication from bed sores, dehydration, malnutrition, medication errors, and abuse.
  • Other serious forms of nursing home injuries may include: physical/sexual abuse, and medication errors.

 

Contact Us
If you or a loved one believe to have been seriously injured due to nursing home negligence our Virginia personal injury / medical malpractice attorneys are available to help you understand your legal rights. Contact our office to schedule a free no obligation consultation.

 

Law Offices of Richard J. Serpe, PC
580 East Main Street, Suite 310 Norfolk, VA 23510
E-mail Us or call Toll Free: 877-544-5323
Local: 757-233-0009


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Q: What type of compensation can be claimed in a Virginia Wrongful Death case?

Q: What type of compensation can be claimed in a Virginia wrongful death case?

If you have lost a loved one due to someone else’s negligence, you may be entitled to damages for certain circumstances under Virginia law.

Virginia Code § 8.01-52: Amount of damages

“The verdict or judgement of the court trying the case without a jury shall include, but not be limited to, damages for the following:

  1. Sorrow, mental anguish, and solace which many include society, companionship, comfort, guidance, kindly offices and advice of the decedent;
  2. Compensation for reasonable expected loss of (i) income of the decedent and (ii) services, protection, care, and assistance provided by the decedent;
  3. Expenses for the care, treatment, and hospitalization of the decedent incident to the injury resulting in death;
  4. Reasonable funeral expenses; and
  5. Punitive damages may be recovered for wilful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others”
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4 Killed and Many Others Injured in I-95 Tour Bus Accident

Four people are dead and more than 50 others are in the hospital after a tour bus flipped on I-95, about 30 miles north of Richmond, Virginia in Caroline County. The accident happened this morning around 5 a.m.

According to the Richmond Times Dispatch, the tour bus was leaving North Carolina and heading to New York when it flipped onto its roof.

The remaining 53 passengers where all transported to hospitals from Fredericksburg to Hopewell; almost all with minor to life-threatening injuries. The driver suffered only minor injuries and was not taken to the hospital. 

Currently the accident is still under investigation, however the cause of the accident seems to be driver fatigue. According to one state police spokesman the driver has been cooperative.  The driver has yet to be identified or charged. 

The bus service route has been identified as the Sky Express of Charlotte, N.C.

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Tragic drowning death of toddler, age 2, at popular Chesapeake park

A tragic scene unfolded Sunday, reported the Virginian-Pilot (click here for source article) – A toddler, just 2 years of age, drowned in the waters of Lakeside Park.  Lakeside Park, a city-owned recreational area, has experienced only two such tragedies involving drowning deaths; this being the second.

Reportedly, the young boy ran astray from his family in the early evening hours – some time prior to 6 p.m.  After authorities were contacted to assist in locating the lost boy, it was the Firefighting Department that eventually made the unfortunate and heart-wrenching discovery.  The young boy was found in the water by the South Norfolk Firefighters and pronounced dead later at the hospital.  Efforts to resuscitate the boy sadly proved to be ineffective.

According to a detective working with an ongoing police investigation, at the present time it seems that the incident was “an unfortunate accident” – (said) Detective Gus Mojica, as reported by the Virginian Pilot.

The article goes on to explain that a former director of the city department which oversees recreation activities, said to his knowledge this is the first drowning to take place at Lakeside Park in around a half century.

According to this source provided by the Center for Disease Control (CDC) (click here for water-related statistics and safety information), males were 3.4 times more likely to die from an unintentional drowning during the year of 2006.

 

The following reference for the aforementioned statistic can also cited to the following source: (Centers for Disease Control and Prevention, National Center for Injury Prevention and Control. Web-based Injury Statistics Query and Reporting System (WISQARS) [online]. (2009) [cited 2009 Nov 24]. Available from: URL: http://www.cdc.gov/injury/wisqars”)

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Crash Takes Life of Drunk Driving Suspect’s Girlfriend

Crash Takes Life of Drunk Driving Suspect’s Girlfriend

Alcohol abuse cuts across all age groups, but it’s a particularly challenging issue among teenagers and young adults in Virginia and throughout the county in connection with car accidents that sometimes have fatal consequences. This following horrific accident occurred in rural Indiana, but it is the type of occurrence that sadly could happen anywhere.

According to Indianapolis news media, a 21-year-old Indiana motorist who was driving drunk and going about 80 mph plowed into a residence on May 8 after running a stop sign. The driver’s girlfriend, a backseat passenger, died in the crash, while another passenger was injured. The homeowners were trapped in the rubble before being rescued.

Once the driver, who has a one-year-old child with the deceased woman, was released from the hospital, he was taken into custody by the local police. He is facing ten felonies in the fatal accident, including reckless homicide and DUI. His blood test results apparently revealed a BAC of 0.19, more than twice the legal limit.

The couple had apparently just celebrated the baby’s birthday.

In Virginia and in virtually all jurisdictions, motorists arrested for driving under the influence are subject to severe criminal and administrative penalties and may also be sued by the victim or the victim’s family in civil court for personal injury damages. If you–or a loved one–-have been injured in a Virginia automobile accident caused by an impaired driver, regardless of that driver’s age, you need to know your legal rights. Contact the Law Offices of Richard J. Serpe, P.C., Toll Free 877-544-5323, for a no-obligation consultation.

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State of Virginia mourns loss of an extraordinary senior lacrosse player

Thousands of mourners gathered to pay respects at a service to at The Cathedral of Mary Our Queen in light of the recent tragedy.

A recent Washington Post article, which is available here, courtesy of HamptonRoads.com, reported on the nature of Yeardley Love, University of Virginia senior lacrosse player recently and tragically found slain in her apartment.

University coach Julie Myers said Love was “truly remarkable . . . . not because she tried to be, but because she just was. It came easy for her to be great, to be kind-hearted, welcoming, encouraging and engaging to all who knew her. She was legitimately awesome.”

On Saturday morning, about 2,000 people joined together, holding hands, and remembering Love’s favorite game-time cheer.  Myers told the Washington Post that normal protocol during lacrosse games involves a chant – “1, 2, 3, together, Hoos.”  However, on one occasion, Yeardley Love slipped up and counted out the number four.  At the time it was a funny mishap on Love’s part – now it will be instilled into the routine pre-game chant for the future of the team.  Love’s mishap is now how the future lacrosse players will honor her all-to-early passing.

The turnout included friends and family from UVA, as well as former classmates from Love’s former school – Notre Dame Prep.

Currently, authorities suspect an ex-boyfriend is responsible for the slaying.  George Huguely, 22, was charged.  He is also a lacrosse player, and was arrested by Charlottesville police.  According to investigators, he “[slammed] her head against a wall.”

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