Personal Injury Trial Lawyers for Northern & Southern California, Auto Accident Attorneys, Motorcycle and Big Rig Truck Accident Lawyers, Product Liability Attorneys, Medical Malpractice Lawyers, Pharmaceutical Product Liability Attorney, Premises Liability Lawyer, Food Poisoning Attorneys and Elder Abuse Lawyers For Serious Injury Cases in Los Angeles and the San Francisco Bay Area, San Diego, Orange County, Anaheim, Bakersfield, Riverside, Santa Ana, Long Beach, Fresno, San Jose, Oakland, and Sacramento.
Our Law Group California personal injury lawyers will consider representing those seriously injured throughout Northern and Southern California. Our auto accident lawyers will consider car accident, motorcycle and big rig truck accident cases. Our California medical malpractice attorneys represent those injured by physician, hospital and health care provider negligence from cases involving surgical errors and failures to diagnose to obstetrical malpractice and birth injury cases. Our California product liability lawyers will represent the seriously injured in cases involving the panoply of defective products, from children's toys to cars, from machines which lack essential safety equipment to pharmaceutical product liability cases. Our California premises liability attorneys will represent those seriously or catastrophically injured in falls on residential, commercial and government property. Our California food poisoning lawyers represent those suffering serious illness in individual and outbreak cases, including E. coli HUS and TTP cases. Our California elder abuse attorneys will represent seniors who have suffered physical abuse, neglect, abandonment and psychological abuse by retirement homes, convalescent centers and nursing homes.
Our California personal injury lawyers provide free consultations. Simply submit the "Contact" form and one of our highly qualified California trial lawyers will call you to discuss your case and provide our initial case evaluation and recommendations. You should feel welcome to ask our Law Group lawyers about their qualifications and relevant experience, both in the specific practice area and as experienced serious injury trial lawyers. Every client has the right to ask about the credentials of the lawyers whom he would consider to represent him, and we welcome those who contact us to ask about our credentials, qualifications and experience. Our California personal injury lawyers represent seriously injured clients throughout the state of California, from Los Angeles to the San Francisco Bay Area, in San Diego, Orange County, Anaheim, Bakersfield, Riverside, Santa Ana and Long Beach, from Fresno, San Jose and Oakland to Sacramento. We welcome you to contact us.
On this page our California personal injury lawyers will discuss our practice areas, the California law as it applies in each practice area, strategies, and illistrutive cases; however, we will begin with a discussion of general and special economic damages, the preparation and presentation of which can often be the most important aspect of the lawyers' contribution to the seriously injured client's recovery of the full measure of his damages. The discussion of the complexity of preparting and presenting the client's general and special damages is also a subject that applies accross the board in serious injury cases arrising in every practice area, and it is important for the potential litigant to consider that even in cases that may seem simple in their liability, every serious injury cases is complex in the preparation and presentation of the client's general and special damages, recommending highly qualifiend lawyers both experienced in the practice area and experienced in serious injury litigation. The strategies for the preparation and presentation of the client's general and special economiic damages, including the future medical expenses the client will likely incur over the course of his remaining life expectancy, and future earnings losses the client will likely suffer over the course of his work-life expectancy, defines the method by which our California lawyers will maximize the client's opportunity to recover their full measure of his damages in auto accident cases, medical malpractice, product liability, food poisoning, premises liability and elder abuse cases. And indeed, while any particular case might be "simple" in the evidence of liability, such as the auto accident case where the other driver ran a red light, or a medical malpractice case in which the surgeon closed after surgery leaving behind an instrument which then cuts and damages an organ, ALL serious injury cases are complex in the preparation of the teams of experts to establish the future medical expenses and his loss of future earnings. Every serious injury case recommends representation by sophisicated trial lawyers experienced in trying cases involving serious injuries and damages
Following our discussion of general and special damages, our California personal injury lawyers will discuss our specific practice areas, separated by bolded headings below, including auto accident and motorcycle and big rig truck accident lawsuits and the California auto accident lawyer's challenges in identifying the "deep pocket" defenant in serious injury auto litigation. Our California product liability attonreys will discuss the range of design and manufacturing defect cases, including drug product and medical device defect class action litigation. Our California medical malpractice lawyers will discuss physician, hospital and health care provider lawsuits. Our food poisoning lawyers will discuss the types and manner of food contamination that may lead to illness, including E.coli HUS litigation. Our California premises liability lawyers will discuss the complexity of many "slip and fall" and "trip and fall" cases and our availability to consider representing those who have been seriously injured in falls on commercial, residential and public property. And our California elder abuse attorneys will describe senior physical abuse, neglect and abandonment, elder psychological abuse, and senior financial abuse lawsuits. Our California personal injury lawyers will consider representing potential clients in all of our practice areas throuoghout Northern and Southern California, from Los Angeles and the San Francisco Bay Area to San Diego, San Jose and Santa Clara County, from Bakersfield and Riverside to Orange County, Long Beach, Anaheim and Santa Ana, from Ventura to Fresno, Oakland and Berkeley to Sacramento. We offer free consultations to those who contact us.
Our California Personal Injury Lawyers Discuss the Preparation and Presentation of General and Special Economic Damages in Auto Accident, Medical Malpractice, Product Liability, Drug Defect, Food Poisoning, Premises Liability and Elder Abuse Cases. Our California Personal Injury Attorneys Explain That While Some Cases May Involve Simple Liability Issues, ALL Serious Injury Litigation is Complex, Requiring Highly Experienced Trial Lawyers. Our California Lawyers Represent the Seriously Injured in Southern California, from San Diego to Orange County and Los Angeles, in Bakersfield and Riverside, Long Beach, Santa Ana and Anaheim, from Ventura to Fresno. Our Nothern California Serious Injury Attorneys Will Represent Clients from Santa Clara Country and San Jose to the San Francisco Bay Area, Berkeley and Oakland up to Sacramento.
Serious injury litigation is always complex as quite aside from the complexities of establishing the liability of the defendant, and the sophisticated responsibility of the California trial lawyer to competently prepare and present the client's general and special economic damages is always complex. Our California trial lawyers in each of our practice areas must engage teams of experts, each with his own particular portfolio of responsibilities, cooperating with the trial attorney and the other experts. The California trial attorney then will use the experts reports at settlement conferences to attempt to obtain full compensation for his client without the necessity for a trial, and if the case can't be settled he will call his teams of experts to testify upon the trial in order to maximize the opportunities for the client to recover the full measure of his general and special damages.
General damages are what some personal injury attorneys refer to as "pain and suffering damages" however for the serious and catastrophic injury trial lawyer, what we find is that many of our clients will describe their greatest general damage in as their "loss of enjoyment of life." For the paraplegic or the client with debilitating internal or catastrophic orthopedic injuries, as an example, he may not find that the greatest consequence of his injuries is measured in pain, but in all of the activities that he enjoyed before the injury that he can't engage in following the injury.
Our California personal injury lawyers approach to "loss of enjoyment of life" damages is first to elicit the testimony of the client, his family and friends to describe all of the activities that he enjoyed participating in before the accident, often supplemented by photographs and home movies, and then juxtapose against that evidence a professionally produced "Day in the Life" film demonstrating the courage of the seriously or catastrophically injured client struggling to overcome all of the big and small challenges in his post injury daily life. It is our California trial lawyers' perspective that the courage of the plaintiff is often times what will engender in the settlement judge or jury their greatest empathy, which we judge commonly will translate into superior general damage awards.
Special economic damages are broken down into past and future medical expenses and past and future earnings losses. Past medical expenses are generally simple to calculate, just by adding up the medical bills through the date of the settlement conference or the first day of trial.. What requires sophisticated California trial lawyer participation is the preparation and presentation of the client's future medical expense claim. The experienced California trial lawyer, in representing a seriously or catastrophically injured client, whether the case involves an auto accident or medical malpractice or a defective product, food poisoning or premises liability, will require a team of experts, first medical doctors in the involved specialties to define the full nature and extent of the client's injuries and his prognoses. The serious injury California trial attorney will then engage a "life care planner" who will confer extensively with the medical experts and treating physicians to arrive at a comprehensive list of all the medical care the client will likely require over the course of his life expectancy, from big items like future surgeries and hospitalizations or full time or part time nursing, to the drugs and all the medical sundries the client will require over the remainder of his life expectancy. The serious injury trial lawyer will then consult a forensic economist who will review the life care planner's report and then increase the various amounts stated for the costs of medical care over time based on the historical growth rates of the costs of medical care and then will discount the total to present cash value, according to historical inflation statistics.
Loss of earnings damages can be extremely complex to prepare and present, as where the plaintiff was a business owner who actively managed his business. However, even in the simplest case of the hourly wage earner, the California personal injury lawyer's preparation of the client's future earnings losses is always complex, again requiring a team of experts. The California trial lawyer will engage first medical experts who will define the extent of the client's disabilities resulting from the accident. The experienced California personal injury attorney will consult a "rehabilitation expert" who will review the medical experts reports, speak to the client, gather his educational records and employment records, consider and review the literature regarding the trades and professions that would have been available to the client before his injury compared to those more limited opportunities for gainful employment that he might avail following being injured. In many cases the client's work-life expectancy may be shorter as the result of the injuries, or the client may have no realistic opportunity to obtain gainful employment as the result of his injuries. The California serious injury attorney then again must engage a forensic economist to review the information supplied by the medical and rehabilitation experts to determine the client's future earnings losses over the course of his work-life expectancy, increase the yearly amounts according to the pertinent statistics on wage growth in the particular trades and professions and then discount the total future earnings losses again to present value. All of these analyses are required in order to present the future earnings losses to settlement judges and juries because the law and the jury instructions permit only the recovery of net earnings losses.
It is in this way that the sophisticated California trial lawyer will hope to develop the admissible evidence and expert testimony essential to maximize the opportunity for the client to be compensated for the full measure of his injuries, general and special economic damages. In some serious or catastrophic injury cases it can mean the difference between recovering millions of dollars and tens of millions of dollars at the settlement conferences or in the jury's verdict.
The foregoing California trial lawyer strategies apply to all serious injury cases regardless whether the liability case involves auto driver negligence or medical malpractice or a defective product, food poisoning, elder abuse or premises liability.
Our Law Group attorneys welcome you to contact us for a free consultation in any serious injury case falling within our practice areas. Submit the Contact form and one of our highly qualified California personal injury lawyers experienced in the relevant practice area and as an experienced serious injury California trial lawyer will contact you to provide our case evaluation and initial recommendations. Our California personal injury attorneys will consider representing seriously injured potential clients throughout Northern and Southern California from Los Angeles to the San Francisco Bay Area, from San Diego, Orange County, Anaheim, Bakersfield, Riverside, Santa Ana, and Long Beach to Fresno, San Jose, Oakland, and Sacramento.
We recommend now that your consider our discussions of our practice areas and the strategies that our California serious injury auto accident lawyers use, for example, to identify the "deep pocket" third party defendant in car accident, motorcycle and big rig accident cases where the amount of the driver's insurance may be inadequate to pay the full measure of the accident victim's general and special economic damages. Our California product liability lawyers will discuss individual and class action product defect cases including phramaceutical product liability litigation. Our serious injury California medical malpractice lawyers will discuss the strategies of the medical negligence attorney in establishing the liability of physicians, hospitals and other health care providers. Our California food poisoning lawyers will describe the complexity of individual and outbreak food poisoning cases. Our California premises liability attorneys will discuss "slip and fall" and "trip and fall" cases, and our serious premises lawyers' approach to cases involving residential, commercial and public entities. And our California elder abuse lawyers will discuss the distinctions between elder physical abuse, neglect and abandonment, senior psychological abuse and elder financial abuse. In presenting the cases of our seriously injured clients, whether they have suffered their injuries in an auto accident, as the result of medical malpractice, a defective product or premises, or as the result of elder physical abuse, the California serious injury lawyer will maximize the opportunities for his client to recover the full measure of his general and special economic damages as a function of the attorney's preparation and presentation of the client's damages as discussed above.
Our California Auto Accident Lawyers, Motorcycle Attorneys and Big Rig Truck Accident Lawyers Will Describe Our Approach to Serious Injury Car Accident Cases. Our California Trial Lawyers Will Also Discuss What May be the Largest Hurdle to Obtaining Full Compensation of the Client, to wit, Identifying the Deep Pocket Defendant With the Insurance And Assets to Pay The Full Measure of the Client's Damages. Our California Auto Accident Attorneys Represent the Seriously Injured Throughout California, from the San Francisco Bay Area to Los Angeles, San Diego and Orange County in Anaheim, Bakersfield, Riverside, and Santa Ana, from Long Beach to Fresno, San Jose and Sacramento.
Auto accident cases can be simple enough or even obvious in their liability aspect, as where the other driver clearly violates the plaintiff's right of way. However, all serious injury car, motorcycle and big rig truck accident cases are complex in the preparation and presentation of the client's general and special economic damages, as discussed in the section of this page immediately above. And complicating the California auto accident lawyer's responsibilities in serious injury cases is that the other driver may carry minimum or minimal liability insurance so that the seriious injury trial attorney will be required to identify, wherever possible a "deep pocket" third party defendant with sufficient insurance and assets to pay the full measure of the client's general and special economic damages.<br><br>
Many car accidents may involve simple liability issues, as where the other driver ran a red light. Furthermore, according to our California motorcycle accident lawyers' research, two thirds of all multi-party motorcycle accidents are the result of the other driver's negligence without any fault on the part of the motorcyclist, one half of the total resulting from the auto driver entering from a side street or turning left in front of the motorcyclist from the opposite direction, violating the motorcyclist right of way, with the auto driver commonly saying that he didn't see the oncoming motorcyclist. A big rig truck accident lawyer may be found clearly to have violated the federal and state laws governing everything from required rest to permissible loads to securing loads, so that if a big rig truck is overloaded, or by reason of a poorly secured load, the truck jackknifes, the California big rig truck accident lawyer may have abundant clear evidence of the truck driver's liability.
However, as "simple" as the liability may be in a car accident or motorcycle accident or big rig truck accident, in serious and catastrophic injury cases, the California accident lawyer's responsibilities to maximize his client's opportunity to receive full compensation for his injuries and general and special economic damages is always complex. The experienced California trial lawyer's responsibility in serious injury cases includes first preparing the evidence of the client's general and special economic damages, including the complex task of preparing the teams of experts who be required to establish the client's future medical expense claim and future loss of earnings claim. In the preceding section our California trial lawyers explain the complexity of compiling the evidence as well as the teams of experts to prepare and present the seriously injured client's future medical expense and earnings loss evidence in the preceding section.
Of equal importance in assuring that the seriously and catastrophically injured auto accident victim is fully compensated, however, is the sophisticated California auto accident lawyer's creativity and advocacy in overcoming the "collectability" hurdle. In motorcycle accidents and in big rig truck accidents, unfortunately, it is all too common that the client will have been very seriously injured, for the obvious reasons that the motorcycle doesn't have all of the engineered safety design beginning with the cage, interior padding, seatbelts and airbags that auto drivers enjoy for their protection; and then big rig truck accidents commonly result in serious and catastrophic injury just because they weigh so much more than the ordinary passenger vehicle and deliver impact energies so much greater. However, in any auto accident the client can be seriously injured, and the California auto accident lawyers obligation is to apply his knowledge, creativity and trial lawyer advocacy to maximize the opportunity that his client will receive the full measure of his general and special economic damages.
In serious injury and catastrophic injury cases, as our California auto accident lawyers point out in the preceding section of this page, the measure of the client's general and special economic damages may be proven up in the millions or tens of millions of dollars. To frame the "collectability" hurdle faced by the sophisticated California auto accident attorney in such cases, the problem is that most auto drivers carry only the statutory minimum coverage, in California, the $15,000/$30,000 minimum policy, most others carrying less than $500,000 in coverage. In big rig truck accident cases the interstate driver is required by federal law to carry $750,000 and California law applies to large commercial truck drivers and big rig truck drivers, but as a practical matter, the drivers normally carry no more that $1,000,000 liability policies, also woefully inadequate to fully compensate the client's demonstrable general and special damages; so that the experienced California auto accident lawyer's most difficult task in the service of his seriously injured client, may be in identifying and developing the evidence to hold liable a third party "deep pocket" defendant.
While demonstrating the liability of a deep pocket third party may seem difficult to imagine, let alone how the California auto accident lawyer will establish the evidence to sue a third party defendant in the ordinary auto accident case, for our experienced California serious injury attorneys this hurdle often provides our greatest opportunity for legal creativity and superior advocacy. It is a challenge that our California serious and catastrophic injury auto accident lawyers relish, and in addition to our sophisticated work in establishing the client's full measure of general and special economic damages, it is our sophisticated work that will be most important in maximizing the opportunity for our clients to recover the full measure of their damages.
In some cases our experienced California auto accident lawyers, with the help of our investigators and accident reconstruction experts will be able to identify deep pocket defendants independently liable for the accident and injuries. In other cases, our experienced serious injury California auto accident lawyers will be able to establish the "vicarious liability" of a deep pocket defendant. Examples of the contribution of the California car accident lawyers' accident investigators and accident reconstruction experts in identifying the deep pocket defendant independently liable for the accident include their work in identifying road design defects that may have contributed to the accident, or failures to maintain the roadway or cut back trees obscuring stop signs; in some cases there may also be a defect in one of the cars involved in the accident that can form the basis of an auto product liability claim.
Often, however, the experienced serious injury California auto accident lawyer will be able to overcome the collectability hurdle by creatively developing the evidence that the other driver was operating his vehicle "in the course and scope of his employment" thus permitting the sophisticated serious injury auto accident lawyer to sue the employer, commonly well insured or with assets sufficient to pay the client's full measure of general and special economic damages.
An example of one of our California auto accident lawyers successful use of vicarious liability theory to join as a defendant and recover his client's full measure of damages against the other driver's employer's multi-million dollar insurance policy is discussed in the left column of this page, under "Recent Jury Verdicts and Settlements." (The case also presented a difficult liability case, a motorcyclist who was splitting lanes between two left turn lanes, resolved when our California auto accident lawyer took the deposition of the police officer who investigated the accident, getting him to admit that splitting lanes was legal in California and that the motorcyclists having done so between two left turning lanes was not a competent cause of the accident.) In that case the driver of the vehicle that hit the motorcyclist, resulting in the amputation of the client's lower left leg, had only the minimum $15,000/$30,000 insurance policy. In deposition the driver stated that he was commuting to a work site at the time of the accident, however, according to California case law, accidents occurring while a driver is commuting to work do not result in employer vicarious liability. As our serious injury California auto accident lawyers' experience dictated, we investigated further and found that the driver had tools of his trade in the trunk of his vehicle at the time of the accident, and on that basis, our California auto accident attorneys were able to establish that the driver was operating his vehicle" in the course and scope of his employment," and therefore, the vicarious liability of the employer and its insurers to pay the full measure of the client's damages.
In big rig truck accident cases, the trucking and shipping companies attempt to insulate themselves from vicarious liability for the negligence of their truck drivers by hiring their drivers as "independent contractors." However, as another example, our serious injury California large commercial truck and big rig truck accident lawyers have studied the federal and state laws governing trucking and can often identify the trucking company's direct liability, sometimes for overloading the truck or failing adequately to secure it. And our California big rig truck accident lawyers are also knowledgeable about the available legal theories to impose vicarious liability on the employer notwithstanding the trucking company's every effort to insulate itself from liability. Such theories that our California big rig truck accident attorneys have available to them include "negligent entrustment," potentially applicable, for example, where our investigation discloses that the driver had a history of driving tickers or accidents or amphetamine drug use, as is common among long haul drivers; and "negligent supervision," for example, where the driver loaded or secured the truck, asserting that the trucking company should have checked to assure that it was loaded and secured properly.
Our serious injury California auto accident lawyers have brought all their creativity to new ways to surmount the problem of developing the evidence to hold in deep pocket employers. Our California lawyers were some of the very first to recognize that the use of cell phones while driving resulted in DUI level driving impairment and a 4 fold increased likelihood that the driver would cause an accident. Our California car accident lawyers researched and published a scientific review article on the subject in the mid-1990's identifying all of the epidemiological evidence and controlled experimental studies supporting the dangers of driving under the influence of cell conversation, and were some of the first to confront the conventional wisdom that it is only the use of handheld cell phones that result in the 4 fold increase in accidents. To the contrary, and contrary to the politics that led the California legislature to ban only the use of handheld devices while driving, the use of hands-free devices result in the identical DUI level driving impairment and 4 fold increased incidence of resulting accidents. Indeed, important to the discussion that follows, currently 10 percent of all drivers on our American roadways at any given daylight moment in time are conversing by cell phone DUI level driving impaired, each of them 4 times more likely to cause an accident, and now 25 percent of all accidents result from a drivers distracted by their phone conversations.
This research can be useful in tipping the evidentiary scales in a contested liability case where the two drivers testify to opposite recollections as to who violated the other's right of way or where there are equally divided independent witnesses, just as where one driver is found to be DUI level alcohol impaired, the evidence serves to improve the liklihood that he will be determined at fault for the accident. But what our sophisticated California serious injury lawyers recognized early on was that they could obtain the client's cell phone records and then at his deposition interrogate him with regard to the identify of the person he called, and have the opportunity to establish that the other driver was using his cell phone while driving to make a business related call. Our California serious injury lawyers recognized the opportunity to establish employer vicarious liability, particularly with 25 percent of all accidents involving cell phone use, and the common use of cell phones by our work force while driving, to call into the driver's secretary or to confirm a meeting with a client later in the day, as a good additional potential means of establishing in many cases that the other driver was operating his vehicle in the course and scope of his employment.
Serious injury and catastrophic injury auto accidents always involve issues that are highly complex, requiring experienced serious injury California auto accident lawyers experienced in their strategies to prepare and present to settlement judges and juries their client's full measure of general and special economic damages. Serious and catastrophic injury cases also require the creativity and aggressive advocacy of sophisticated California auto accident lawyers to identify and marshal the evidence to establish the liability of deep pocket third party defendants to assure that their client will receive the full measure of their damages. Our experienced California auto accident lawyers, motorcycle attorneys, and large commercial truck and big rig truck accident lawyers will consider representing seriously injured potential clients from San Diego to Los Angeles, the San Francisco Bay Area, including Berkeley and Oakland up to Sacramento. Our serious injury California auto accident attonreys represent the seriously injured from Orange County, Anaheim, Long Beach and Santa Ana, to Bakersfield and Riverside to Fresno and San Jose.
Our California auto accident lawyers welcome you to contact us for a free consultation. If you will submit the "Contact" form, one of our California auto, motorcycle or big rig truck accident attorneys will call you to discuss your case, provide our case evaluation and initial recommendations.
Our California Product Liability Lawyers Will Discuss Our Strategies in Prosecuting Cases Involving Serious Injury Resulting From Product Defects. We will also Discuss our Law Group Attorneys Availability to Consider Pharmaceutical Product Liability Cases. Our California Product Liability Lawyers will Consider Representing the Seriously Injured from San Diego to Los Angeles, the San Francisco Bay Area up to Sacramento, in Orange County, Anaheim, Long Beach and Santa Ana, Bakersfield and Riverside, Fresno San Jose, Oakland and Berkeley in Product Defect and Drug Product Liability Cases.
Product liability cases are as varied as the products manufactured, from children's toys with removable parts that can get lodged in the child's airways to automobiles defective in their design, to exploding containers defective in their manufacture, to teratogenic pharmaceuticals which if taken during pregnancy can result in serious birth defects. California product liability lawyers will necessarily be required to learn anew the natures of the defects and the mechanisms by which they cause injury with each distinct product defect case.
Some product liability cases will be unique, like a tire that explodes due to a manufacturing defect, calling on the California product liability lawyer to develop the evidence through expert testimony to establish the liability of the manufacturer. Other products with design defects may result in the injuries of thousands, such as pharmaceuticals widely promoted by drug companies, historical examples being the Dalkon Shield contraceptive device and DES, through and including the recent Vioxx litigation and the California product liability lawyer will be called upon to decide whether it is in his client's best interest to prosecute the litigation individually or in the context of a class action. Auto defects can also result in the serious injuries of many, perhaps the most notorious case being that of the Ford Pinto, with its exploding gas tanks resulting from the failure of Ford to install a two dollar part in the vehicles, Ford's management actually recognizing the dangers but deciding against installing the part in the Pinto because it's actuarial advisors predicted that the cost of installing the part would cost more than just paying the claims of those who lost their lives or were severely burned in the predictable explosions.
Some product liability lawyers are not capable of trying complex product defect cases such as pharmaceutical product liability litigation. Our California product liability lawyers are, and so we can often better advise our clients whether it is in their best interest to pursue their cases individually or in the context of a class action. Indeed, one of our Law Group California product liability attorneys is responsible for the landmark federal appellate court decision in which it was held that the individual litigant had the right to pursue his individual case outside of class actions. The product liability litigation involved a teratogenic drug, a pharmaceutical which if taken during the first trimester of pregnancy could result in serious birth defects, including limb defects. The California Law Group pharmaceutical product liability lawyer and his partners had more than 40 cases filed individually in the California state courts involving children whose mothers had taken the anti-nausea drug during pregnancy and were born with severe limb anomalies. However, the panel on multi-district litigation had sent over 1000 cases involving the drug for trial before a federal District Court Judge for the Southern District of Ohio. The federal judge certified a "mandatory class action" purporting to bind not only the cases before it but all cases involving the drug nationwide, including those filed in state courts. The lead council committee representing the plaintiffs and the attorneys for the drug manufacturer then settled all the cases for $120,000,000 and the federal district court approved the settlement. Our Law Group California pharmaceutical product liability lawyer considered that the settlement was woefully inadequate to compensate the thousands of children nationwide who suffered serious and catastrophic birth defects, many of whom would require lifetime medical care, most of whom would suffer the impairment of their earning capacity over their work-life expectancies. And so our California drug product defect lawyer filed a petition for writ of mandamus on behalf of one of his clients urging in the United States Court of Appeals for the Sixth Circuit that the certification of a mandatory class violated his client's right to the attorney of his choice and control over his individual litigation. The California product liability lawyer argued indeed that mandatory class action should never be permitted except in the rare instance where the defendant has a proven limited fund inadequate to pay the claims of all those injured by its product. The United States Court of Appeals agreed with the arguments of our Law Group California product liability lawyer and issued a decision ordering the federal District Court Judge to decertify the mandatory class action and void the settlement. The federal appellate court issued a landmark decision following the argument that our California pharmaceutical product liability lawyer had made, with the enduring effect that now mandatory class action is almost never available; rather only voluntary class action, respecting the individual plaintiff's right to opt-in or opt-out of the class. Others of our Law Group product liability and drug product liability lawyers cases are discussed in the left column of this page, including pharmaceutical product liability cases individually prosecuted in our California state courts yielding multi-million dollar results.
Product liability class actions can offer substantial advantages in many product defect cases in which there are many who are injured by the defective product, including by reducing the costs association with pursuing such cases individually, as in class actions the costs are shared, and if the class actions are competently prosecuted by counsel committed to obtaining fair compensation for those injured by the product, then joining a client's case in a class action can often be the California product liability attorney's best recommendation. Our California product liability lawyers, however, can provide the option to the client in many product defect cases specifically because we are capable of both trying the cases individually and processing the cases in the context of class litigation. Our California product liability lawyers have prosecuted individual cases including pharmaceutical product liability cases from Los Angeles to Santa Clara County and San Francisco in both the federal and state courts. Our California product liability attorneys will consider representing those seriously injured as the result of product defects from Sacramento to Oakland and Berkeley, from San Jose to Fresno, Ventura, Orange County, Long Beach, Santa Ana and Anaheim, from Bakersfield and Riverside to San Diego.
Our Law Group California product liability lawyers offer free consultations. Simply submit the Contact Form and one of our experienced product defect attorneys will contact you to inquire about your injuries, the product defect that you believe was responsible for the injuries, and will provide you with our initial case evaluation and recommendations.
Our California Medical Malpractice Lawyers Describe Medical Negligence Cases Against Physicians, Hospitals and Health Care Providers. Our California Medical Malpractice Attorneys Represent those Seriously or Catastrophically Injured as the Result of Medical Negligence as Varied as Surgical Error and Obstetrical Malpractice Resulting in Birth Injury. Our Medical Malpractice Attorneys Will Consider Cases for Physician, Hospital and Health Care Provider Negligence Throughout California from San Diego to Orange County, Anaheim, Long Beach, Santa Ana, Riverside and Bakersfield to Los Angeles and Ventura, Fresno, San Jose, the San Francisco Bay Area, Berkeley and Oakland and Sacramento
Our Law Group California medical malpractice attorneys represent those who have been seriously or catastrophically injured as the result of physician malpractice, hospital negligence and as the result of below standard treatment by health care providers generally. Our Law Group includes very highly experienced medical malpractice lawyers who will consider representing clients seriously injured potential clients from San Francisco and the Bay Area, Berkeley and Oakland to Los Angeles and San Diego, in Orange County, Long Beach, Anaheim and Santa Ana, to Bakersfield and Riverside, in Ventura, Fresno, Santa Clara County and San Jose to Sacramento.
Medical malpractice cases, hospital negligence and health care provider malpractice cases generally, are as varied as the many disciplines and specialties of medicine, and the panoply of errors that physicians and health care providers will make, leading to the serious or catastrophic injuries of their patients. The experienced California medical malpractice lawyer must learn the medicine anew in each case, as no two case are the same, aided by the medical specialist experts he engages to first review the medical records and offer his opinions with regard to whether the physician met the applicable medical standard of care. Medical negligence cases can vary from the failure to diagnose a patients disease to errors in surgery or hospital nursing staff errors. The experienced California medical malpractice lawyer must be able to appreciate the opportunities to prevail in establishing that the defendant physician misdiagnosed his client's ailment, even where it is ultimately discovered that the diagnosis was rare and difficult to diagnose. The California medical malpractice attorney may sometimes need to take 20 depositions from the Chief Administrator of a hospital, through the ranks of the intermediate administration, from the nursing staff on a ward to the physician administrators of the war before he can pierce the well known "conspiracy of silence" to establish hospital negligence.
In one medical and hospital negligence case, to provide the example, on of our Law Group California medical malpractice lawyers sued a number of physicians and hospitals on behalf of 10 AIDS patients, alleging medical and hospital negligence and a number of other cause of action, including violations of the California Protection of Human Subjects in Medical Experimentation Act, fraud and conspiracy to defraud. Each separate cause of action provided the medical malpractice attorney another means to prove the liability of the defendants for their involvement in treating their patients with an unapproved drug. Our law group medical malpractice lawyer deposed two of the physicians for 10 days each, and took 20 depositions of the hospital staff to establish the administration's knowledge of the physicians below standard AIDS practice, breaking the case against the hospital when one of the nurses tearfully acknowledged that she complained up the administrative channels about the care the physician on the Immune Suppressed Unit was using in the treatment of his patients. By the latter evidence the California medical malpractice attorney was able to develop evidence that the hospital should have revoked the physician's hospital staff privileges before he was able to take over the hospital surgical suites for his assembly line Hickman catheter surgeries.
Perhaps the most important aspect of the preparation of the successful medical malpractice case is the lawyer's selection of the medical experts he will call upon the trial to establish the negligence of the defendant physicians. In medical negligence cases success or failure will most commonly turn on the medical expert testimony. Our California medical malpractice lawyers have relationships with many expert physicians, highly credentialed in their specialties and willing to come into court and offer their opinions that an errant physician's treatment fell below the applicable standard of medical care. In many cases the California medical malpractice lawyer will need to seek out medical specialists for particular cases raising issues of care that the lawyer has not dealt with previously. That is the nature of the experienced California medical malpractice lawyer's responsibilities in his varied practice in which every case involves new and sometimes novel issues of medical malpractice is to obtain the very most highly qualified experts because the medical subject matter will commonly go over the heads of most jurors, but they can appreciate stellar medical qualifications, and often times the jurors properly will credit more the opinions of the more qualified experts.
In the above described case involving the physicians use of both unapproved drugs and FDA approved drugs for their unapproved use on AIDS patients, the Law Group California medical malpractice lawyer brought together many of the most highly respected AIDS scientists and physicians in the world. His experts included Luc Montagnier, the head of France's National AIDS Laboratories and the discoverer of HIV, Michael Gotlieb, the astute physician who discovered AIDS and co-founded the American Foundation for AIDS Research (AMFAR), Don Francis, the world renown epidemiologist who headed up the CDC's AIDS task force and discovered that AIDS was a sexually transmitted disease, Roger Detels, the Chairman of the Epidemiolgy Department at the UCLA Medical School who was the senior scientist supervising the largest study in the world on the efficacy of AIDS treatments, John Curnutte, the head of the largest AIDS vaccine study in the world, supervising over 100 scientists, Peter Wolfe, a member of the Scientific Advisory Committee to AMFAR, and a dozen others of the most highly qualified physicians, scientists and hospital administrators.
As a measure of his commitment to his clients, when it appeared that 5 of his clients were close to death, the Law Group medical malpractice attorney moved the Court to consolidate their cases for trial and to provide them an early trial date so that they could obtain their day in court during their lifetimes. He tried their 5 cases, with individual variations in the treatment they received and differing damages, some contracting septicemia as the result of the lack of sterility of one of the drugs infused into their blood streams via the Hickman catheter, others suffering diminution in their life expectancies as the result of being led to forego the standard of care AIDS antivirals, all 5 case in one 4 month trial against the physicians, surgeon and one hospital, obtaining a multimillion dollar jury verdict for medical and hospital negligence, fraud, and conspiracy to defraud, including a 1.6 million dollar punitive damage verdict against the hospital.
Others of our Law Group California medical malpractice attorneys cases are discussed in the left column of this page, including one case involving an internist's and neurologist's failure to diagnose the most rare tumor in the human body, an atrial myxoma, a case yielding a 3.8 million dollar gross jury verdict against the physicians. In that case it was largely the creativity of the California medical malpractice lawyer in cross examination of the internist that sealed the victory.
Our medical malpractice lawyers urge you to consider the qualifications and experience of every medical and hospital negligence attorney whom you would consider to represent you in your case. Our Law Group California medical malpractice lawyers will consider representing potential clients who have suffered serious or catastrophic medical injuries throughout the state, from Los Angeles to the San Francisco Bay Area to Sacramento, from San Diego, Long Beach, Anaheim and all of Orange County to Riverside and Bakersfield to Ventura and Fresno, San Jose and Santa Clara County, Berkeley and Oakland.
If you have been seriously injured as the result of medical negligence, hospital malpractice or as the result of the failures of other health care providers to adhere to their respective standards of care, our Law Group California medical malpractice lawyers welcome you to contact use for a free consultation. Simply submit the Medical Malpractice Case Consultation Form and one of our experienced medical malpractice attorneys will contact you to discuss your case and provide our initial recommendations.
Our California Food Poisoning Lawyers Will Discuss Our Approach to Serious Injury Litigation Involving Contaminated Food Products. Our Food Product Liability Attorneys Will Discuss in Particular E. coli HUS and TTP Cases, Food Poisoning Outbreak Litigation and Our Availability to Consider Salmonella and Listeriosis Litigation, Cases Involving Botulism, Campylobacter, Norovirus, and Shigella in Northern California, from San Jose to the San Francisco Bay Area, Oakland and Berkeley to Sacramento, from Fresno to Southern California, from San Diego to Orange County and Los Angeles, in Long Beach, Anaheim and Santa Ana to Bakersfield and Riverside.
Our Law Group food poisoning lawyers will consider cases of serious illness and permanent or lifelong debility resulting from exposure to E. coli, Salmonella, Listeria, Botulism, Campylobacter, Norovirus, and Shigella. Our California food poisoning attorneys have successfully litigated some of the most complex food poisoning cases, including most recently obtaining one of the largest multi-million dollar settlements ever reported in an E. coli HUS case.
Just to take the example of the Law Group California food poisoning lawyer who obtained the settlement in the above referenced E. coli Hus case, he had been involved in some of the most complex medical litigation for over 20 years, including pharmaceutical product liability litigation, developing his expertise in cases involving complex medical issues. He is a distinguished former President of the prestigious Beverly Hills Bar Association, elected to the position by one of the largest trial lawyer organization memberships in the state. And then, in turning to food poisoning law, this highly regarded California trial lawyer took the course in food management and passed the test to become a "Certified Food Manager," qualified to apply for a position managing a fast food restaurant. Obviously, that was not his objective; rather it was to learn food management from the bottom up, all of the laws and state regulations governing food management, and the responsibilities of restaurants in their kitchens to assure that the food they serve will be safe, uncontaminated with the bacteria that can cause the food poisoning illnesses. He then devoted much of the last several years of his practice to prosecuting food poisoning litigation, developing the highly qualified experts to testify in his cases, learning also from them the science and medicine involved.
Some food poisoning cases are individual cases, illness contracted at a restaurant as an example, while there may also be "outbreak" cases, where food products, for example, contaminated with the E. coli, may include such products as salami or ground beef, unpasteurized milk and juices, or vegetable products, lettuce or sprouts as examples. In 2006, as another example there was a nationwide outbreak of E. coli food poisoning with hundreds fall ill, some of them seriously ill, some of whom died from their illness, traced to California spinach. Another recent example involving a salmonella food poisoning outbreak involved hundreds who fell ill, including 9 who died as the result of contaminated peanut butter past incorporated by various food product manufacturers in products as varied as cookies and crackers, energy bars and ice cream requiring the manufacturers to recall over 2200 products, the largest food product recall in United States history. Some food poisoning lawyers will only get involved in outbreak cases, which have their advantages in that the FDA and CDC will conduct extensive investigations, identify where the contamination took place, either in the fields of the grower, as with the lettuce E. coli outbreak, or at the place of the manufacturer, as in the case of the peanut product outbreak cases. Our California food poisoning lawyers will consider individual serious illness cases as well as outbreak cases.
Again, our California food poisoning lawyers will take just one example to illustrate the serious and catastrophic illness and permanent and life long consequences that food poisoning can cause. One strain of E. coli labeled O157:H7 for the genetic marker resulting in its capacity to create the dangerous toxin resulting in human illness can cause devastating illness, including Hemolytic Uremic Syndrome, HUS, and Thrombotic Thrombocytopenic Purpura, TPT.
Hemolytic Uremic Syndrome will occur most commonly following after bloody diarrhea and can result in acute renal failure. As in our California food poisoning lawyers case described above, many of those who suffer acute renal failure from E. coli illness will as the result require kidney dialysis treatment for life. Those who develop renal failure from E. coli illness may also die. Thrombotic Thrombocytopenic Purpura can result in the same medical consequences, and those who develop TTP may also suffer neurological side effects, including mood and behavioral alerations, and in some cases strokes with accompanying brain damage.
Our experienced California food poisoning lawyers welcome those who have suffered serious food poisoning illness to contact us for a free consultation. We will consider representing potential clients who have suffered illness following ingestion of foods both purchased at grocery stores or restaurants, with diagnoses attributing the illness to exposure to E. coli, Salmonella or Listeria, Botulism, Campylobacter, Norovirus or Shigella. Our California food poisoning attorneys will consider representing those who have suffered serious illness in Northern, Central and Southern California, from San Diego to Los Angeles, San Francisco, the Bay Area, Oakland and Berkeley, from Orange County, Anaheim, Long Beach and Santa Ana to Riverside and Bakersfield, Ventura, Fresno, San Jose and Santa Clara County.
We offer free consultations. You may submit the Contact form and one of our experienced Law Group California food poisoning lawyers will contact you to inquire about your case, provide you with our initial case evaluation and recommendations.
Our California Premises Liability Attorneys Explain Serious Injury "Slip and Fall" and "Trip and Fall" Litigation Against Commercial, Residential and Public Entity Defendants. Our Premises Liability Lawyers Explain that the Litigation Can be Simple or Complex in the Proof of Liability, but All Serious Injury Premises Liability Cases are Complex in the Presentation of the General and Special Economic Damages. Our Premises Liability Lawyers Will Represent Clients Throughout the State of California, from Sacramento to San Francisco, the Bay Area, Berkeley and Oakland, San Jose and Santa Clara County, Fresno, Santa Barbara, Ventura, Los Angeles, Orange County, Long Beach, Anaheim and Santa Ana, Bakersfield, Riverside and San Diego.
Sometimes premises liability lawyers are referred to as slip and fall attorneys or trip and fall lawyers. Our Law Group premises liability lawyers represent clients who have suffered serious and catastrophic injuries as the result in defects or failures to maintain commercial and residential property and property designed or under the control of a public entity, such as a city, county, or the state of California. All serious injury premises liability cases are complex, whether the property defect or failure to maintain the property is obvious or requires expert testimony to establish. The reason that all are complex is that the preparation and presentation of the seriously injured client's claims for general damages and special economic damages, including claims for all the medical expense that the client will likely require over the course of his life expectancy and the earnings losses he will suffer over the remainder of his work-life require the premises liability lawyer to engage teams of highly qualified experts to maximize the opportunity for the client to achieve a settlement or jury verdict that fully compensates him for his damages.
Premises liability cases do not all involve the stereotypic fall on the banana peal in the grocery store produce department, although liability in such a simple appearing case can be more difficult than it might appear at first glance. Premises liability cases are based on negligence, in this case the duty of the grocery store to provide for the safety of its customers and reasonably maintain its premises to avoid injury to its customers. The California premises liability lawyer, in order to prevail in such a case, must establish that the store had knowledge of the peal on the floor, and that it failed to remove it within a reasonable time. To fulfill the proof requirement may require review of store video if such exists, or the depositions of store employees, or an analysis of whether store policy and practice, in terms of the assignment of store employees to sweep its facilities looking for potential safety hazards was reasonable to assure that the safety of the customers.
Our California premises liability lawyers in other cases may be required to apply their knowledge of state laws and regulations including building codes in assessing defects in the design or construction or maintenance of property and building structures to determine whether there is a viable cause of action against a commercial or residential property owner or public entity. Defects in residential property may include stairs that the client claims were slippery, accounting for his fall and serious injuries, calling upon the California premises liability attorney to employ experts applying standard criteria expressed in coefficients of friction in determining the potential liability of the landlord. Defects in commercial property might include an outside storage bin with a rise in the level of the pavement at the entrance to the bin which is essential to the functionality of the bin to assure that rain water doesn't enter and destroy the owners possessions. However, conventions also apply to the acceptable disparity in height of the lip, and the California premises liability expert may be required to engage an expert to establish that an appropriate warning should have been given of the rise in the pavement, such as a red stripe along the rise at the entrance to the bin.
Premises liability cases against public entities, the cities, counties or the state of California which designed the particular property improvement such as a sidewalk or failed to properly maintain a public basketball court, may also be held liable for the defects in its property. Again the California premises liability attorney will most commonly be required to demonstrate liability through expert testimony. California premises liability lawyers involved in cases against public entities must also be fully knowledgeable about the state of California government claims provisions, which can be a trap for the unwary. California law requires that before a premises liability complaint can be filed against a public entity that the plaintiff's lawyer must first have submitted a government claim, and must state in the complaint that the public entity rejected the claim. The time limit for filing a government claim is also much shorter than the statute of limitations, six months from the time of the fall and injury, whereas the statute of limitations is two years. If the government claim is not filed timely the client may lose his right to sue. However, where the client presents to the experienced California premises liability attorney, the lawyer may be able to gain permission to file a late claim by petitioning the court.
The California premises liability attorney's responsibilities in "slip and fall" and "trip and fall" cases therefore may be more complex that the colloquial terms imply. They are often complex in their liability, they can involve procedural obstacles, and serious and catastrophic injury cases are always complex in the presentation of the clients general damages and special economic damages.
Our experienced California premises liability lawyers will consider representing those seriously injured in falls on commercial, residential and public property throughout Northern California, from San Jose and Santa Clara County to San Francisco and the Bay Area, Berkeley and Oakland up to Sacramento, in Central and Southern California, from Fresno to Santa Barbara and Ventura, to Los Angeles and Orange County, Anaheim, Long Beach, Santa Ana, Bakersfield, Riverside and San Diego.
If you have suffered a fall as the result of a defect or failure to maintain commercial, residential or public property and have suffered serious or catastrophic injury, our California premises liability attorneys welcome you to contact us for a free consultation. If you will submit the Case Evaluation Form, one of our experienced California premises liability attorneys will call you to discuss your case and provide you with our evaluation and initial recommendations. We will also welcome you to inquire with regard to our qualifications as experienced premises liability lawyers.
Our California Elder Abuse Lawyers Discuss Senior Physical Abuse, Neglect and Abandonment, Elder Psychological Abuse and Senior Financial Abuse. Our California Elder Abuse Lawyers Will Consider Cases Against Retirement Homes, Convalescent Centers, and Nursing Homes in Southern California from San Diego to Orange County, Long Beach and Anaheim, from Santa Ana to Riverside and Bakersfield, from Los Angeles to Ventura and Fresno, Our Elder Abuse Lawyers will Consider Cases of Physical Abuse, Elder Neglect and Abandonment in Northern California from San Jose to San Francisco, the Bay Area Berkeley and Oakland up to Sacramento.
Elder abuse can take many forms and the causes of action available to the senior against elder facilities, retirement homes, convalescent centers and nursing homes are defined by California law. The California elder abuse attorney must be knowledgeable about the pertinent law defining elder physical abuse, neglect and abandonment, senior psychological abuse and elder financial abuse, and experienced as a trial lawyer to maximize the opportunity for the senior to succeed in establishing liability and to recover fully for the senior's injuries and general and special economic damages. Our California elder abuse lawyers will represent our seniors where they have been physically abused throughout California, from San Francisco and the Bay area, including Oakland and Berkeley to Sacramento down Orange County and San Diego. Our elder abuse attorneys will consider cases of elder neglect or abandonment from San Jose to Santa Barbara, Ventura, Los Angeles, Long Beach, Anaheim, Santa Ana, Riverside and Bakersfield. Our California elder abuse lawyers will also consider cases of senior financial abuse against retirement homes and nursing facilities or telemarketers and sometimes overreaching family members, also throughout the state of California.
Cases of elder physical abuse brought against senior retirement homes, convalescent facilities and nursing homes can involve the panoply of expressions of violence, from physical beatings by staff members, slapping designed to humiliate the senior, or placing the senior in physical restraints unnecessarily, and can also involve in some cases sexual abuse. Family members should be alert to the signs of elder physical abuse, inquire of the their loved one and retirement home or nursing facility staff about the cause of the bruises, beware of the convalescent home staff member who is either cold or overly affectionate with the senior while in your presence. Our California elder abuse lawyers see it all too often that the elder will endure physical abuse and humiliation, sadly sometimes for years, because they feel dependent on staff for everything from the food they eat to their drugs and medical care, or because they fear retaliation. Our California elder abuse lawyer welcome the opportunity to bring suit against the staff members who visit physical abuse upon the elderly and the retirement homes, convalescent centers and nursing homes whose administration has not been diligent in preventing the elder physical abuse.
Elder neglect, as our California elder abuse lawyers define it, is the failure of a nursing home or retirement facility to fulfill its duties to assure the welfare of the senior, both physical and psychological, and can include failures to provide the medical care the senior requires or psychological treatment, failures to protect the senior from safety hazards and failures to provide for the senior's hygiene. The family should be alert for evidence that their loved one is not receiving indicated medical treatment and be aware of their senior's mental state, also looking to assure that the senior is being properly cared for in his or her personal hygiene, which may apparent in the smell of urine or feces, or soiled bedding. Again the senior may not complain because he or she is dependent upon the nursing home or retirement facility staff for food and sustenance or out of fear of staff retaliation. But failures to provide for the senior's hygiene may seriously impair his or her quality of life, failures to insure the senor's safety from hazards can result in serious injury, and failures to provide the indicated medical or psychological care can result in more serious physical or mental illness. Again, our California elder abuse lawyers would consider it a privilege to bring suit against staff members who neglect the senior and the retirement home, convalescent center or nursing home which tolerates it.
Elder abandonment differs from elder neglect in its requirement that the abuse be intentional or malicious on the part of staff members of the retirement home or convalescent facility, specifically an intent to deprive the senior of the care essential for his or her physical or psychological welfare. Again, our California elder abuse lawyers urge the family to be alert to the deprivation of medical treatment and needed psychological care. Be aware of injuries the loved one may have sustained in falls resulting from staff failures to protect the senior from safety hazards. Understand that the senior might not complain for fear of retaliation by staff. Be alert to the staff member who appears cold in his treatment of your loved one, or overly affectionate in our presence, or one who insists on being present when you are with your elder family member. And take notice of any deterioration in your loved one's physical or mental health and inquire of staff and the administration of the retirement home, convalescent center or nursing home about the medical care or psychological care that the facility is providing or failing to provide. Again, our California elder abuse attorneys welcome the opportunity to bring suit against a retirement home, convalescent center or nursing home and staff for their intentional abandonment of the senior and abandonment of their responsibilities to provide for his welfare.
Elder psychological abuse also requires an element of intent or malice or willfulness of retirement home or nursing facility staff in its mental abuse of the senior. Our California elder abuse lawyers find that often times elder psychological abuse may be express in threats which staff members intend to intimidate the senior, instill fear in him sometimes in an attempt to modify the seniors behavior, often times behavior like incontinence over which the senior has no control. Psychological abuse can also take the form of humiliation. Our California elder abuse lawyers have encountered senior psychological abuse take the form of isolating the senior, separating him from others, depriving him of opportunities for interaction with others. In many ways senior psychological abuse can be the saddest and most devastating of all, and family members must be astute in their observations to identify early the signs of psychological abuse, including the deterioration of their loved one's mental condition or depression. The senior may be asked what troubles him or her, and it is possible that you will receive an answer suggesting staff psychological abuse, and you may ask your loved one or staff about the social activities that are available and those, if any, that your loved one is permitted to participate in. You may ask your loved one to speak with those who are providing psychological care to him or her at the retirement home or nursing facility and if your loved one is not receiving psychological care insist that it be instituted, which may provide the opportunity to identify staff psychological abuse. Again our California elder abuse lawyers are concerned that our seniors often will go years enduring threats and humiliation by staff members without complaining, and it is so sad. We welcome the opportunity to sue the retirement home, convalescent center or nursing home that has tolerated the psychological abuse of our seniors by malicious staff.
Elder financial abuse can involve simple theft of the senior's expensive property, jewelry or cash, or inducement or trickery to lead the senior to give "gifts" of money or property or transfer interests in stock portfolios or real property. Elder financial abuse can be perpetrated by staff members at retirement homes, convalescent facilities and nursing homes, those with fiduciary responsibilities such as conservators or the senior's attorneys or those with power of attorney. Our elder abuse lawyers recognize that elder financial abuse can also be perpetrated by telemarketers and fly-by-night con men. And sadly elder financial abuse can also be perpetrated by family members or friends asserting undue influence over the senior. The family members must be diligent to look for the signs of potential financial abuse, including the theft of expensive personal property or cash, or the depletion of bank accounts or stock portfolios or changes in the ownership of real property. The family should also be alert to the assertion of undue influence by other family members who might induce the loved senior to change his will in their favor. Be concerned when the senior indicates that he wishes to curtail visits or communication with family other than those who may be asserting undue influence, as separating the senior from other family members may be seen by those who would financially abuse him as essential to preserve their undue influence and prevent the other family members from learning of their diversion of his money, securities, real property, or changes in the seniors will that will confer upon them a greater share of the senior's estate. Again where its is discovered that expensive personal property, money, stock or real property has been stolen or improperly obtained by a retirement facility or nursing home or its staff, or by the senior's conservator or attorneys or those with power of attorney, or con men or telemarketers or overreaching family members asserting undue influence, our California elder abuse lawyers would welcome the opportunity to review the evidence and will consider representing the senior in a lawsuit to recover from those who financially abused him.
Our California elder abuse lawyers will consider cases of elder physical abuse, abandonment or neglect, elder psychological abuse and senior financial abuse in Southern California, from San Diego to Orange County and Los Angeles, in Anaheim, Long Beach or Santa Ana, in Riverside or Bakersfield, or Fresno in Northern California from San Jose and Santa Clara County, San Francisco and the Bay Area, Berkeley and Oakland up to Sacramento.
If you or your loved one has been the victim of physical, psychological or financial abuse, our California elder abuse lawyers welcome you to contact us for a free consultation. If you will submit the Contact form, one of our experienced elder abuse lawyers will call you to discuss your case, provide our initial case evaluation and recommendations. We are here to serve you.
$2.5 million dollar settlement in a contested liability motorcycle accident case in which the California motorcyclist suffered a below the knee amputation. The motorcyclist pulled out from between two left turn lanes, splitting lanes, presenting a difficult liability case. The driver of the car that hit him also had a minimum $15,000/$30,000 auto liability insurance policy raising the "collectability" problem. California auto and motorcycle accident attorney Henke was able to overcome the liability contest, to the satisfaction of the settlement judge, as the result of his deposition interrogation of the investigating law enforcement officer who ultimately agreed that the motorcyclist's having split lanes between the two left turning cars did not violate any California traffic law or code and that his client's splitting lanes was not a competent cause of the accident. And the California serious injury auto accident lawyer was also able to overcome the "collectability" problem after discovering through his investigation that the other motorist was carrying tools in his car trunk essential to his work, permitting the California auto accident lawyer to sue also the motorist's employer, given this evidence that at the time of the accident the motorist was operating his vehicle "in the course and scope of his employment."
$2.7 million dollar jury verdict. Medical malpractice, drug product and medical fraud case. California medical malpractice and pharmaceutical product liability attorney Henke represented 5 plaintiffs in a consolidated four month trial in which the jury found the defendants liable on multiple causes of action, from medical and hospital negligence to fraud and conspiracy to defraud the plaintiffs with dangerous and ineffective FDA approved and unapproved drugs. The California lawyer designated highly distinguished scientists, epidemiologists and AIDS physicians to testify for the plaintiffs in the case, including Luc Montagnier, the head of France's National AIDS Laboratories who discovered HIV; Michael Gotlieb, co-founder of AMFAR, the astute physician who discovered AIDS, Don Francis, head CDC AIDS Task force who first discovered the causes of AIDS, Roger Detels, the senior investigator on largest epidemiological study on AIDS drugs and their efficacy, John Curnutte, senior investigator on the largest AIDS vaccine study, Peter Wolfe, Member of the Scientific Advisory Committee to the American Foundation for AIDS Research. The California medical malpractice attorney conceived the "test" litigation to rectify the epidemic of AIDS drug fraud that followed upon the AIDS epidemic by suing also hospitals with the strategy that if punitive damages could be obtained against the hospitals that tolerated AIDS physicians who used on their patients ineffective AIDS drugs that hospitals across the nation would recognize the danger of failing to revoke the staff privileges of physicians who practiced AIDS drug fraud. The jury found the hospital liable both for negligence and conspiracy to defraud, and awarded 1.6 million dollars in punitive damages against the hospital. The case was chronicled in most of the most legitimate newspapers in the United States, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, in legal journals, including the National Law Journal, and on national television, including Tom Brokaw's NBC Evening News and CNN . California medical malpractice and pharmaceutical product liability attorney, Henke, also testified before Congress with regard to these cases and the need to rein in medical and drug fraud, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.
$3.8 million dollar gross jury verdict in a California medical malpractice case involving failure to diagnose atrial myxoma, the most rare tumor in the human body. The patient presented to an internist with two episodes of feinting. The internist did a battery of tests, one of them an electrocardiogram. Failing to diagnose a medical cause for the patient's feinting, the internist referred the patient to a neurologist who did a number of other tests, found nothing and sent the patient back to the internist who diagnosed vaso vagal syncope, essentially that the patient's feintng likely occured as the result of a psychological, rather than medical, cause. The patient then suffered a stroke and was admitted to a hospital where the atrial myxoma was diagnosed. As the result of the stroke, the paitent suffered mild aphasia. California medical malpractice attorney, Henke, engaged qualified medical experts who concluded that while it was not required by the standard of care for the physicians to consider atrial myxoma in their differential diagnoses, that they should have considered other cardiological entities which should have led them to do an echocardiagram, and if an echo cardiogram had been done, it would have diagnosed the atrial myxoma. The attorneys for the defendants took the advantage in opening statements to the jury to argue that an atrial myxoma is so rare that it only appears a few times in the medical literature, that most cardiologists would never have heard of it, and that it had previously been diagnosed only upon autopsy, never in a living patient. California medical malpractice attorney, Henke, called as his first witness the defendant internist and as a preliminary question asked the physician whether he considered atrial myxoma in his differential diagnosis. The internist, rather obviously coached to provide the answer by his lawyers, although a sylogism frequently used by medical doctors replied, "Mr. Henke, you don't think of Zebras when you hear hoofbeats," meaning that in forming a differential diagnosis, the physician doesn't list the most rare diagnosis, rather he lists to rule in or out the most likely disease entities that could be the cause of the patient's symptoms. However, a light bulb went off in this California medical malpractive attorney's head, and he quckly turned back to the internist and said softly, "mytral valve prolapse," and then more loudly, "it's a horse, isn't it Doctor." The defense attorney objected, the California medical malpractice lawyer pointed out that the internist opened the door with his volunteered horse and zebra testimony and the Judge ordered the internist to answer. The internist claimed he didn't understand, and so the California medical malpractice attorney follwed up, "Well, mitral valve prolapse is going to occur in about 6 percent of a randomly selected population of women Mrs. Z's age. It's a horse, isn't it." The internist had to acknowledge, "Ok, its a horse." The California medical malpractice lawyer then followed up again, softly "Mitral stenosis," and then more loudly, "It's a horse, isn't it doctor." The internist had to acknowledge again that it was a common cardiological disease, "Yes, its a horse." The California medical malpractice attorney continued, again softly, "ideopathic subaortic stenosis," and then more loudly "It's a horse, isn't it doctor." Again the internist had to admit, "Yes, its a horse." Whereupon the California medical negligence attorney offered the punch line, "Doctor, upon hearing of Mrs. Z's symptoms, the hoofbeats, had you merely thought horse, these other potential cardiological diagnoses, and turned your head in the direction of the hoofbeats, by doing an echocardiogram, you would have seen the Zebra, wouldn't you have." While the plaintiff's experts had described the medical premises that would have led to the same conclusion, the questioning of the defendant internist served to offer a more visual picture of the of the natural progession of the premises to the conclusion that the California medical malpractice attorney would again come back to in closing argument, aiding the jurors in seeing clearly how the evidence and expert testimony led inextricably to the liability of the two defendant physicians.
$1.5 million dollar settlement in a California pharmaceutical product liability birth defect case. The case involved an experimental drug which the manufacturer, 30 years earlier, had sought to test for its efficacy as a sedative, employing over 1000 physicians nationwide to use the drug on their patients and report whether it was effective in reducing anxiety. One of our California pharmaceutical product liability lawyers, Henke, obtained from another, Pennsylvania Law Group drug product lawyer, the list of the drug investigator physicians employed by the pharmaceutical company, when three of his clients, all in their late 20s or early thirties, living and having been born in the same Northern California city, presented to him with similar limb defects characteristic of those caused by the teratogenic drug, meaning a drug which had been determined by the to have the propensity to cause birth defects if taken during a narrow window of time during the first trimester of the mother's pregnancy. The California medical malpractice and drug product defect lawyer brought the three cases, including the above referenced case against the drug manufacturer and physician investigator who treated the clients mothers during pregnancy. The physician was retired and no longer had the clients' medical records. The clients' mothers, however, each recalled receiving a sedative during pregnancy, but did not recall the name of the drug. California medical malpractice lawyer and pharmaceutical product liability attorney, Henke, developed expert testimony that the limb defects were characteristic of limb defects caused by the suspect drug which combined with the evidence that the common phsysician had access to the teratogenic sedative was deemed sufficient for the manufacturer to resolve each of the above referenced cases, including the one reported here, out of court, for substantial settlements. The physician also settled out of court for a substantial settlement. The settlements were achieved despite that the mothers exposure to the drug and the births occurred more than 30 years prior to the case being filed, leading the manufacturer and physician at the outset of the case to file demurrers and then motions for summary judgment asserting the statute of limitations defense. The California medical malpractice attorney and pharmaceutical product liability lawyer, Henke, responded to the motions with the contention and evidence that the manufacturer had sought to obscure that it had supplied the notorious drug to physicians in the United States, and that the physician intentionally concealed from the mothers that the drug might have been the cause of their babies birth defects. The court ruled in favor of the plaintiffs on the motions, and the settlements were achieved shortly thereafter..
Amount of settlement sealed by the Court. Law Group food poisoning lawyer, Nick Allis, settled a Food poisoning E. coli case with resulting Hemolytic Uremic Syndrome, HUS on the eve of trial. The case resulted in one of the largest E.coli HUS settlements or verdicts ever reported in the United States.
Most recently our Law Group pharmaceutical product liability lawyers have settled many Vioxx heart attack and stroke cases in the context of the Vioxx Class Action. In many of our cases we filed appeals of settlement awards granted by the settlement administrators, gaining superior settlement awards for our clients upon the appeals.
*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts

Read the Law Group Scientific Review Article Authored by One of Our California Auto Accident Lawyers. As Car Accident and Motorcycle Accident Lawyers Knowledgeable About the Scientific Evidence, We Can Investigate to Establish That The Other Driver Was On His Cell Phone, and The Evidence Can Often Make the Difference in a Contested Liability Case. Our California Auto Accident Attorneys Can Also Often Use the Evidence Where the Driver Was Engaged in Business Calls to Establish the Vicarious Liability of the Driver's Employer, Making Available the Employer's Insurance and Assets to Pay the Seriously Injured Auto Accident Victim's General and Special Economic Damage Claims.
Our California auto accident attorneys have reviewed all the epidemiological studies and controlled experimental literature on the effect of cell phone conversation to impair driver attention. Driving under the influence of cell conversation results in DUI level driving impairment and renders the motorist four times more likely to cause an accident. Contrary to popular belief, it is not "holding" the cell phone which results in the impairment. Instead, as our California auto accident attorneys have determined from the scientific literature, it is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it does not matter whether the motorist uses a handheld or hands-free cell phone, the impairment is the same, and the 4 fold increased likelihood that the motorist will cause an accident is precisely the same. Yes, a number of other states including California have enacted "handheld cell phone" laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of cell phone conversation, regardless of the device used, results in the identical DUI level driving impairment and 4 fold increased likelihood that the driver will cause an accident.
It is important that the California auto accident lawyer obtain the cell phone records of the other driver in every "contested liability case," and especially in any serious injury auto accident litigation in which it appears that the other driver lacks sufficient insurance coverage to fully compensate the plaintiff for his injuries and full measure of his damages. In the contested liability case, the evidence of the other party's cell phone use in the moments prior to the accident may snatch victory from the mouth of defeat, as the evidence of the DUI level driving impairment resulting from the cell conversation is analogous to the driver who is operating his vehicle DUI level alcohol intoxicated. In the most common serious injury auto accident case in which the motorist lacks sufficient insurance to fully compensate the plaintiiff for his injuries and general and special economic damages, it is essential that the California auto accident attorney obtain the cell phone records of the motorist and conduct the appropriate depositions to determine whether the other driver was engaged in a business call while driving. If he was, then the knowledgeable auto accident lawyer can bring the employer into the litigation as a defendant, "vicariously liable" to compensate the plaintiff for the injuries caused by its employee in the "course and scope of his employment." In this way the California auto accident lawyer may assure that his client will be fully compensated up to the limits of the employers insurance policy, and indeed, the employer's assets would be available to execute against.