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Catastrophic Injury, Wrongful Death and Business Litigation Blog

Tainted Heparin Still Given To Hundreds of Patients...

Just though you might like to know that as of this date...
 
Months after recall alerts, more than a dozen California hospitals have continued to give tainted heparin to hundreds of patients.  Several thousand doses of the anti-clotting drug have also been improprly sitting on pharmacy shelves.
 
Records show that during April and May, heparin has been linked to more than 90 deaths.
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Lawyers Who Have Been Suspended or Otherwise Disciplined...

Each Friday in our daily legal newspaper, there is a section which
talks about lawyers who have either been suspended from the practice
of law or otherwise disciplined.

This week we wanted to bring to the consumers attention six legal
disciplinary actions involving lawyers in California who have failed
to live up to their legal and ethical standards. Although these are
all matters of public record, for this post, we have only used their
last name. Most consumers are not aware of this weekly column and so
we wanted to bring this information to your attention.

The first attorney's last name is Duke. He was suspended for two
years placed on three years probation for failing to maintain client
trust funds and failing to comply with requirements of lawyers
assistance alternative discipline programs gauging actual server to,
dishonesty and corruption.

In an unrelated matter, another attorney named Espinoza was suspended
for 18 months relative to his receiving stolen property.

Attorney Wong was suspended for 60 days relative to several matters
involving failing to perform legal services, improperly withdrawing
from representation, and failing to respond to inquiries.

Attorney Rodriguez was recently disciplined for failing to maintain
client trust funds and other related issues.

Attorney Lewis was suspended for failing to perform legal services
with confidence and failing to properly service the client.

The bottom line is that your attorney owes you a very high ethical and
fiduciary responsibility with respect to how he or she handles your
file. Any questions about whether or not you are a victim of attorney
misconduct should be directed to our office. We look forward to
helping.

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Who do you believe...

"I have great, great confidence in our capital markets and in our financial institutions. Our financial institutions, banks and investment banks, are strong. Our capital markets are resilient. They're efficient. They're flexible."

   -- Treasury Secretary Henry Paulson, March 16, 2008

"Our policy in this administration -- laws shouldn't bail out lenders, laws shouldn't help speculators."

   -- President Bush, May 19, 2008

"Our economy has continued growing, consumers are spending, business are investing, exports continue increasing and American productivity remains strong. We can have confidence in the long-term foundation of our economy...I think the system basically is sound. I truly do."

   -- President Bush, July 15, 2008

Those were the words of Treasury Secretary Henry Paulson and President George W. Bush just a few months ago.  Today, of course, they have been proven completely wrong.

They are now telling us we are in a dire crisis, and that we must hand over hundreds of billions of dollars so they can lead us out of this mess.  What's amazing to me is that the administration seems a little surprised that Congress and the American people are not marching in lockstep with them on this and not fully appreciating the urgency.

Well here's why, in one word: accountability.

Comments from Campbell Brown who anchors CNN's "Campbell Brown: Election Center" at 8 p.m. ET Mondays through Fridays.  She delivered this commentary during the "Cutting through the Bull" segment of Wednesday night's broadcast, before President Bush's speech on the financial crisis.

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Aren’t These Guys Suppose To Be Protecting Us From The Bad Guys? Two ex-prosecutors from Fresno are suspended...

Two former Fresno County prosecutors have been placed on interim suspension after both were convicted of criminal offenses in unrelated cases. Michael George McKneely (#2148961),33 lost his license Jan. 14, 2008 after a conviction last year, and David Evan Jones,(#166794),48 was suspended August 27.

Jones pleaded guilty in June to impersonating his ex-girlfriend online, a felony involving moral turpitude that could lead to summary disbarment.  He also has been charged in Kings County with six misdemeanor charges of impersonating a county official by using his expired DA badge in the county courthouse.

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Sexual Assault Settlement $2,200,000

Interesting California cases...

One deaf/mute male student was sexually assaulted by another in a school bathroom; the 18 year old assailant had a similar incident in his record that had been removed by school officials.  A settlement was reached for $2,200,000.

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Laborer Killed Verdict $6,853,284

Collapsing equipment at a construction site caused a workman to be struck and killed by a boom attached to a concrete pumping truck.  Verdict- $6,853,284

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Bad Faith Decision $21,774,977

Another interesting case from California...

An insurance carrier was held liable for failure to properly handle a claim under a directors, Officers, and Corporate Insurance Policy.  Verdict- $21,774,997!

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Wrongful death over drug use civil suit dismissed

A Pennsylvania judge dismissed a wrongful death civil suit against a
teenager accused of selling oxycodone to a female classmate who later
died from taking the drug after prosecutors were unable to prove the
pills sold to her were the ones that killed her.

The judge stated that, "although Mr. Stewart also participated in
illegal conduct, which the Court does not condone in any manner, the
prevailing case law dictates that defendants cannot be held civilly
liable as Ms. Million's illegal conduct bars plaintiff's recovery in
the current matter".

The defense argued that a minor doesn't "owe a duty" to another minor
when providing an intoxicant and the court agreed. The judge stated,
"According to the prevailing case law regarding social host liability,
it is illogical to maintain that Mr. Stewart owed Ms. Million a duty
when providing her with an illegal substance."

What do you think?

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Mesothelioma Verdict $5,400,000

Another interesting case from California...

Inhalation of joint compounds containing chrysotile asbestos over many years resulted in death from mesothelioma for a craft services laborer at Warner Brothers.  Verdict- $5,400,000.

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Medical Malpractice Verdict $3,162,000...

Cases of interest from around the State of California...

Treatment of a 13 year old boy’s thigh injury incurred during football practice resulted in 3 months of hospitalization in the ICU, six surgeries, septic shock, multiple organ failure, and permanent orthopedic and pulmonary damage.  Verdict- $3,162,000!

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