California Injury Lawyer Blog

The California Highway Patrol is investigating a fatal rollover accident that killed two people on the Ridgewood Grade Tuesday night, the Ukiah Daily Journal Reported. The solo vehicle accident, which involved a 2000 Jeep Wrangler, occurred at 11:15 p.m. on Highway 101 south of Willits in Mendocino County.

Both occupants were ejected from the vehicle as it overturned and died at the scene of the February 23 crash. The victims were identified as Alfred Dean Ligon, 27, and Rhonda Lee Taylor, 48, both of Willits. Because both victims were ejected and there were no witnesses to the crash, investigators did not immediately determine who was driving. The cause of the accident is under investigation. Anyone with information is asked to call the Mendocino County Sheriff's Office at (707)467-4040.

Our sympathy goes out to everyone who knew and loved both victims, as they are seeking answers and grieving the sudden, unexpected loss of their loved ones. We hope that the investigation yields answers to why this Highway 101 crash occurred. Did something cause the driver to lose control of the vehicle, or did something malfunction with the jeep? Or did the driver simply become distracted and lose control of the vehicle? Was alcohol a factor in the crash? Although the cause of the crash is still not known, the families of both victims would be well advised to consult with a California SUV rollover attorney for a consultation and more information about their legal rights.

Continue reading "Two Willits Residents Killed in Rollover Crash on Highway 101 " »

This week, the FDA issued a press release to both patients and health care providers about Avandia - the popular diabetes drug manufactured by GlaxoSmithKline. The FDA says it is "now reviewing the primary data from the completed RECORD study, conducting follow-up audits, and reviewing additional studies. This work is ongoing and no new conclusions or recommendations about the use of rosiglitazone in the treatment of type 2 diabetes have been made at this time." For several years now, the FDA has been working to determine (1) whether Avandia should remain on the market; and (2) whether Avandia causes heart attacks. A committee formed by the FDA in 2007 voted that the drug should stay on the market, but agreed that the drug did raise the risk of heart attack.

The announcement this week only confirms that the FDA is reviewing data and has no new conclusions. The FDA says that once it "completes its review of the data from the RECORD study, the agency will present the totality of new and existing cardiovascular safety data on rosiglitazone at a joint public meeting of the Endocrinologic and Metabolic Drugs and Drug Safety and Risk Management Advisory Committees in July 2010. At that meeting, the Advisory Committee will provide an updated assessment of the risks and benefits of rosiglitazone in the treatment of type 2 diabetes."

The RECORD Study

Results of the RECORD (Rosiglitazone Evaluated for Cardiac Outcomes and Regulation of Glycaemia in Diabetes) study were submitted to the FDA in August 2009. The 4,447 patients included in the RECORD Study were between the ages of 40 and 75, with a body-mass-index of more than 25, and had glycated hemoglobin level of more than 7.0% and less than or equal to 9.0% while receiving the maximum doses of a sulfonylurea or metformin. At a press briefing at the American Diabetes Association in June 2009, the chairman of the RECORD steering committee said that the RECORD study indicated no increased overall cardiovascular morbidity or mortality associated with Avandia, but there was twice the risk of heart failure and distal fracture in women. Critics of the RECORD trial say the trial was seriously flawed because the report does not reveal how many patients were actually still taking Avandia at the end of the clinical trial.

The TIDE Study

The TIDE study (Thiazolidinedione Intervention With Vitamin D Evaluation) is a double-blind direct comparison study comparing Avandia to Actos, a diabetes drug manufactured by Takeda Pharmaceuticals. The first issue the study addresses is the cardiovascular effects of long term treatment with rosiglitazone (Avandia) or pioglitazone (Actos), when "used as part of standard of care compared to similar standard of care without rosiglitazone or pioglitazone in patients with type 2 diabetes who have a history of or are at risk for cardiovascular disease." The second issue the study addresses is "the effects of long-term supplementation of vitamin D on death and cancer". The TIDE trial began in 2009 will not end until October 2015.

Continue reading "FDA Reviewing Results of Avandia Cardiovascular Risk Study" »

This week, the president of Toyota Motor Corp and other top Toyota executives will testify before U.S. lawmakers about quality and safety lapses of the world's largest automaker. Now, a newly surfaced document presented to Toyota officials last July says that the company saved millions of dollars by avoiding defect investigations, delaying safety regulations, and negotiating a limited recall of floor mats with the United States government.

In the internal presentation made last July at Toyota's Washington office, Toyota says it was able to save "$100 million or more" by negotiating an equipment recall of floor mats in September 2007 for 55,000 Toyota Camry and Lexus ES350 vehicles. Examples of other "savings" including phasing in new safety regulations for side airbags, which saved $124 million. Delaying a regulation for better door locks saved the company $11 million. Toyota also boasted that it "avoided investigation" on rusting Tacoma pickups.

Toyota issued a statement responding to the newly surfaced document, saying ""Our first priority is the safety of our customers and to conclude otherwise on the basis of one internal presentation is wrong. Our values have always been to put the customer first and ensure the highest levels of safety and quality."

Critics believe the documents, which have been turned over to the House Oversight and Government Reform Committee, could raise eyebrows in Congress and raise the question whether Toyota put profits above customer safety by reducing the number of recalls.

Continue reading "Old Documents Boasting $100 Million Saved on Recall Present New Challenges for Toyota " »

Three people critically injured in a head-on crash Saturday night in Adelanto died Sunday at area hospitals, the San Bernardino Sun reported. The head-on collision was reported at 11:34 p.m. Saturday night on Highway 395, north of Rancho Road.

According to reports, Brandon Vinson, 34, of Hesperia, was travelling south in a 1995 Chevy on Highway 395 when he veered into a 2003 Hyundai SUV driven by Denise Jackson 42, of Victorville. Both Vinson, Jackson, and another passenger in the Hyundai, Patrice Spead, 20, also of Victorville were ejected from the vehicles. Vinson died at St. Mary Medical Center in Apple Valley shortly before 1 a.m. Jackson died shortly before 9 a.m. at Loma Linda University Medical Center in Loma Linda, and Spead died just after 10:30 a.m. at Arrowhead Regional Medical Center in Colton.

Inland Empire Accidents

The weekend was a rough one for traffic accidents the Inland Empire. A total of eight people died in traffic accidents. In addition to the three killed in this Adelanto accident, a bicyclist was struck and killed in San Bernardino, a Rialto man died in a crash with a big rig on Interstate 10, a 45-year-old Moreno Valley man was killed when his semi-truck went off of Interstate 15 in Riverside County, a motorist was killed in a crash with a light pole in Corona, and a driver died in a pickup truck died in a crash in Desert Hot Springs. The previous weekend, nine people were killed in accidents in the Inland Empire.

Highway 395 Accidents

Between 2003 and 2005, 28 people died in accidents on Highway 395 in San Bernardino County. NBC's "Dateline" has called Highway 395 one of the most dangerous roadways in the country. Head-on collisions such as this most recent February 20th crash on Hwy 395 often cause multiple fatalitiles. The 44-mile section for Hesperia to State Route 58, which travels through Adelanto, where the accident occurred, is perhaps the most dangerous part of Highway 395.

Continue reading "Three Killed in Head-On Crash on Highway 395 in San Bernardino County " »

On Monday, opening statements will begin in the first Seroquel diabetes lawsuit trial to reach a jury. The case is being brought by Ted Baker, a Vietnam veteran who alleges that he developed diabetes after he was prescribed Seroquel to treat his post-traumatic stress disorder.

Seroquel is one of the best selling drugs for pharmaceutical giant AstraZeneca. It is used in the management of schizophrenia and bipolar depression, but is commonly prescribed "off-label" for treating obsessive dementia, obsessive compulsive disorders, anxiety, autism, alcoholism, tourette syndrome, and post-traumatic stress disorder. Seroquel is available in 25 mg, 50 mg, 100 mg, 200 mg, 300 mg and 400 mg tablets. Annual sales for Seroquel are estimated to be $4.7 billion nationwide, and $2.7 billion in the United States. The drug has been used by more than 19 million people around the world.

One of the side effects of taking Seroquel is weight gain, and the heightened risk of diabetes. Taking Seroquel (quetiapine fumarate) can cause the patient's appetite to persist even after eating a meal.

Baker's lawsuit is one of an estimated 26,000 claims against AstraZeneca over the side effects of the drug. The lawsuits allege that AstraZeneca did not warn patients about the risks of weight gain and diabetes, pancreatitis, and tardive dyskinesia, a rare movement disorder. Court documents suggest that AstraZeneca knew of the possible weight-gain side effects of Seroquel, but continued to market the drug as "weight neutral," even after clinical trial evidence confirmed the drug could cause significant problems.

When a loved one is killed in a sudden and unexpected accident, loved ones may be left with more than just grief and devastation. The financial consequences of an unexpected death can also be life-changing. When an accident is the result of another party's negligent, careless, reckless or even intentional conduct, family members of the victim may recover financial compensation in a wrongful death claim.

By statute, specific laws govern who is eligible to file a claim and when. If you have lost someone you love in a fatal accident, an experienced California wrongful death lawyer can help you understand and protect your legal rights. The video Q&A below answers some of the most frequently asked questions we receive about wrongful death actions in California, including "How do I know if I have a wrongful death claim?", "What is the time limit on a wrongful death claim?" and "What is a wrongful death claim?"

If you would like more information or to schedule a consultation with a California wrongful death lawyer, contact Estey & Bomberger, LLP at (800)724-3817.

A 68-year-old Gridley woman was killed Sunday afternoon in a head-on collision on Highway 99. The accident was reported at 1:19 p.m. Sunday afternoon near the northern city limit of Live Oak in Sutter County. According to CHP reports, Myrtle Harmon, 68, was driving a silver 2005 Ford Focus southbound on Hwy 99 at about 55 mph, and Juanita Maldonado, 53, was driving a 2004 Honda Civic northbound on Hwy 99 at speeds between 40 and 45 mph. For unknown reasons, Maldonado drifted off to the right side of the road, overcorrected, and swerved across the center divider line into the path of Harmon's Ford Focus. Harmon reportedly swerved and braked, but was unable to avoid the collision. The Ford Focus spun out onto a dirt shoulder off the westbound side of the road. The Honda flipped into the air and landed on its side.

Harmon died at the scene of the crash. Maldonado and her 11-year-old grandson were taken by ambulance to Rideout Memorial Hospital in Marysville. Maldonado's 15-year-old granddaughter was flown by helicopter to Enloe Medical Center in Chico with serious injuries. According to the CHP, all four people were wearing seat belts. The cause of the crash is under investigation and alcohol was not believed to be a factor in the collision.

Continue reading "One Killed, Three Injured in Hwy 99 Crash in Live Oak " »

In the past three weeks, the National Highway Traffic Safety Administration has received thirteen more reports of deaths allegedly caused by sudden acceleration in Toyota and Lexus vehicles. This brings the total number of alleged deaths due to problems with sticking gas pedals and stuck floor mats to 34.

The trend of a surge in complaints following a recall is typical and so far, only five of the deaths have been verified so far by the government. Although consumer safety groups have suggested potential electrical problems, Toyota maintains there is no evidence of problems with Toyota's electronic throttle system. So far, Toyota has repaired about 500,000 of the approximately 2.3 million vehicles recalled due to a sticking gas pedal.

Dozens of lawsuits have already been filed against Toyota Motor Corp. If you have been seriously injured in an accident involving a recalled Toyota, contact the Toyota recall attorneys at Estey & Bomberger at (800)724-3817 for a free consultation and more information about your legal rights.

Continue reading "Alleged Toyota Deaths Now at 34, Government Says " »

Yesterday, after a 15-day trial, a Pomona Superior Court jury awarded $12 million to a woman who suffered a traumatic brain injury after being shot with an airgun at a family member's home in El Monte on September 4, 2007. The woman, Jessica Ramirez, was conscious after being shot in the head and was able to walk into Greater El Monte Community Medical Center on her own.

After going to the hospital following the airgun incident, Ramirez remained at the El Monte hospital for five hours until she was flown to Huntington hospital in Pasadena and rushed into surgery. At the trial, the neurosurgeon that operated on the woman at Huntington Hospital testified that he was certain she would have had a better outcome if he had been able to operate sooner. Another medical expert testified that "earlier surgery would have allowed Jessica Ramirez to care for herself and live independently," the San Gabriel Valley Tribune reported.

The family of Jessica Ramirez, represented by a southern California medical malpractice attorney who is also a medical doctor, brought the suit against AHMC Healthcare, Inc., which owns Greater El Monte Community Hospital. According to the suit, the negligence of Greater El Monte Community Hospital allowed bleeding and pressure on Jessica Ramirez's brain to cause permanent damage. Because of the brain damage, she now is in a "minimally conscious" persistent vegetative state in a nursing home, and requires 24-hour care.

Hospital officials said in a written statement they would appeal the verdict.

Continue reading "Pomona Superior Court Jury Awards $12 Million to Brain Injury Victim " »

A Fresno man was taken to Community Regional Medical Center with life-threatening head injuries after he was struck by a vehicle in central Fresno on Tuesday night. The hit and run pedestrian accident occurred at about 6:45 p.m. Tuesday, on E. Belmont Avenue and North First Street. Fresno Action News reported the 30-year-old man was thrown about fifty feet following the impact. The driver of the vehicle that struck him did not stay at the scene. Fresno Police said they found the suspect's vehicle several blocks away, but did not find the driver.

Please keep the victim in your prayers as he has suffered very serious injuries. We hope that he makes a full and speedy recovery, and that the driver is located quickly or turns himself or herself in.

Leaving the scene of an accident is against the law. Under the California vehicle code, any accident that involves injury or death mandates that the driver must stop. When a driver leaves the scene of an accident causing property damage, injury or death, the incident is called a hit and run. Often, the party leaving the scene is the at-fault party, but not always. A hit and run can be either a criminal misdemeanor or felony, depending on the seriousness of accident and extent of injuries. The family of the man injured in this accident would be well-advised to consult with a Fresno pedestrian accident attorney for more information about the man's legal rights to compensation. If the driver is not located, the injured man may be able to obtain monetary damages for his injuries from his own insurance policy, if he has one.

Continue reading "Fresno Man Critically Injured in Hit and Run Pedestrian Accident " »

The California Highway Patrol reported a man was killed Tuesday night in a solo vehicle crash in Tehama County. The man, identified as Darrell Ogier, 32, of Red Bluff, was driving his Ford Escort on Pine Creek Road approaching Reeds Creek Road when he lost control of his vehicle and struck a large tree. The accident occurred just after 10 p.m. According to a CHP spokesman, Ogier was travelling north on Pine Creek Road at an unknown speed when his vehicle drifted into southbound lanes. Ogier likely "overcorrected" and turned his vehicle to the right, causing it to go off the road and strike the tree.

Please keep the family of Darrell Ogier in your prayers as they mourn this sudden and unexpected loss. Our sympathy goes out to everyone who knew and loved him.

Based on reports of the incident in the Record Searchlight, the cause of the accident is not clear. The CHP is investigating the cause of the fatal crash, and will determine if alcohol, unsafe speeds or something entirely out of the driver's control caused this accident. While the incident remains under investigation, the family of Darrell Ogier may consider speaking with a California wrongful death attorney to determine their legal rights. If an unsafe road condition, or a vehicle mechanical failure led to this unfortunate crash, the family may have a claim against the agency responsible for maintaining the road, or the manufacturer of the vehicle. An attorney can review the investigative report of the incident, determine if similar crashes have occurred at the same location, and research safety issues of the vehicle involved.

Continue reading "Red Bluff Man Killed in Solo Vehicle Crash in Tehama County " »

A 38-year-old Fresno man was killed in an off-road vehicle crash Friday in eastern San Luis Obispo County, the California Highway Patrol reported. The accident occurred about 4:50 p.m. Friday on a dirt service road about 1.6 miles west of Soda Lake Road, and 6.9 miles north of Highway 166, in the Carrizo Plain National Monument.

On Tuesday authorities identified the victim as Matthew Drake, 38, of Fresno. Drake had been riding a 1996 dual sport motorcycle with three other people when for unknown reasons, he did not stop the motorcycle before hitting the edge of the ravine. Drake was wearing a helmet but still sustained fatal injuries when he was thrown from his bike. The CHP is investigating the cause of the crash.

Please keep Matthew Drake's family in your prayers. Our sympathy goes out to everyone who knew and loved him.

Based upon the reports of the accident in the Fresno Bee and the Taft Midway Driller, the cause of the accident is not clear. Why was Drake not able to stop his motorcycle? While this off-road motorcycle accident remains under investigation, the family of Matthew Drake may benefit from a consultation with a Fresno wrongful death attorney. An attorney can determine if the motorcycle was possibly defective and contributed to the accident. Honda has issued dozens of recalls over the years for problems and safety issues in their motorcycles. If a malfunction of the motorcycle caused or contributed to the fatal accident, the family may consider filing a wrongful death claim against Honda for their loss.

Continue reading "Fresno Man Killed in Off-Road Vehicle Accident in San Luis Obispo County" »

A 41-year-old Lake County woman was killed and four other people were injured Saturday night in a crash on Highway 20, authorities reported. Both the CHP and the California Department of Forestry and Fire Protection responded to the crash, which happened west of Marina Drive in Mendocino County. The February 6 crash occurred at about 11:15 p.m., and the highway was closed until nearly 2 a.m. Sunday morning.

According to reports in the Ukiah Daily Journal, a 1997 Ford van travelling west collided with a 2004 Chevy Silverado truck travelling east. The Ford was travelling an estimated 60 mph and the Chevy was travelling an estimated 50 mph. The CHP reported that the driver of the Ford, for reasons not known, drifted into eastbound lanes, colliding head-on with the Chevy. The woman driving the Ford, who was identified only as a resident of Lower Lake, died in the crash. Two passengers in the Ford, a 27-year-old Redwood Valley man and a 20-year-old Finley woman both suffered non-life-threatening injuries. The driver of the Chevy truck, a 45-year-old Williams man, and his 29-year-old passenger, were also injured.

Based on the news reports of the incident, the cause of the accident is not clear. Why did the driver of the Ford drift into eastbound traffic? In the course of their investigation, the CHP will speak to passengers and any witnesses, and determine what caused this crash, and if alcohol was a factor in the collision. While the cause of the head-on accident remains under investigation, both of the passengers in the Ford and the driver and passenger in the Chevy may benefit from a consultation with a California Highway 20 accident lawyer, to determine their rights to compensation for their injuries. The family of the woman killed in this crash may also have a claim for wrongful death, if the crash is deemed not her fault.

Firefighters had to extricate two people trapped in a vehicle after a highway rollover crash Friday morning in Thousands Oaks, the California Highway Patrol reported. A 49-year-old Thousand Oaks man driving south on Highway 23 (Moorpark Freeway) lost control of his vehicle at the Janss Road off ramp when he reportedly swerved to avoid another southbound car that entered his lane. The vehicle went off the highway and down an embankment just before 6 a.m. Both the driver and passenger were extricated about 20 minutes after the crash.

The driver of the vehicle that overturned suffered a broken leg, and his passenger suffered unknown injuries. Both were taken to Los Robles Hospital. Although the two vehicles did not physically contact each other, the driver of the other vehicle, a 40-year-old Moorpark man, saw the vehicle crash and returned to the scene of the accident. The CHP is investigating the incident.

We hope everyone injured in this Moorpark Freeway accident makes a full and speedy recovery. If the news reports of this Highway 23 accident are correct, this Ventura County rollover crash is likely caused at least in part by an unsafe lane change. While this rollover accident remains under investigation, the man injured in this accident and his passenger would be well-advised to consult with a Los Angeles auto accident attorney about their legal rights to compensation.

Continue reading "Two Injured in Rollover Crash on Highway 23 " »

A Butte County woman was killed Thursday evening after being struck by a Ford Ranger pickup truck on Skyway Road in Paradise. The pedestrian accident occurred near Jewell Road at about 7 p.m. According to reports in the Paradise Post, the victim, Elizabeth Chamberlin, 51, of Paradise was attempting to cross the road in heavy commuter traffic when she was struck.

Paradise police believe the driver of the Ford Ranger, Michael Slade, could not see the victim until it was too late to avoid striking her, partially due to weather conditions and darkness. Chamberlin was transported to Feather River Hospital in Paradise where she died of her injuries. Although there were no indications at the time, toxicology tests are pending to determine if Slade was under the influence of drugs or alcohol. Anyone with additional information about the Skyway accident is asked to contact the Paradise Police Department at (530)872-6241.

Please keep the family of Elizabeth Chamberlin in your prayers as they must face her sudden and unexpected loss. Our deepest sympathy goes out to everyone who knew her and was close to her.

About 5,000 people are killed in pedestrian accidents each year in the United States. Many factors can influence a pedestrian accident, including negligence or carelessness of the driver, negligence of the pedestrian, and even road conditions like missing or incorrect signs or lack of illumination. While this tragic accident remains under investigation by the Paradise Police, the family of Elizabeth Chamberlin may benefit from consulting with an experienced California pedestrian accident attorney about their legal rights under California wrongful death law. An attorney can investigate the cause of the accident, review evidence and data regarding previous incidents at the same location, and determine whether or not the family may be entitled to compensation for their loss.

Continue reading "Paradise Woman Struck and Killed by Pickup Truck " »

An intersection accident in Kern County Tuesday night left one person dead, two people with moderate injuries, including a minor, and more than 2,000 southwest Bakersfield residents without power. Police suspect a local firefighter was driving under the influence of alcohol when he ran a red light, causing the deadly DUI collision.

According to ABC23 in Bakersfield, firefighter Mitchell Green, 30, was driving a red Ford pickup truck that collided with a gray Hyundai at Panama Lane and Ashe Road. Green suffered moderate injuries. The driver of the Hyundai, a minor, also suffered moderate injuries and was taken to Kern Medical Center. A passenger in the Hyundai, Michelle Marie Maxwell, died at the scene of the crash. The crash also damaged a live wire power pole, leaving several thousand residents in southwest Bakersfield without power. Anyone who witnessed the crash is asked to call the Bakersfield police traffic investigations unit at (661) 326-3967.

Please keep the family of Michelle Maxwell in your prayers as they cope with this untimely, heartbreaking loss. Our condolences go out to everyone who knew and loved her. We hope the young woman driving the Hyundai makes a full and speedy recovery.

If the facts reported by ABC23 are correct and Green was in fact driving under the influence, this accident is one more example of the devastating consequences of drinking and driving. While this crash remains under investigation, the family of Michelle Maxwell and the family of the driver of the Hyundai would likely benefit from consulting with an experienced California personal injury attorney. Although no amount of money could ever replace a life or undo the pain of an accident, an attorney can help protect the legal rights of the victims and ensure that they receive compensation for their injuries or the wrongful death of a loved one.

Continue reading "One Killed, Two Injured in Suspected DUI Crash in Bakersfield " »

In an unexpected statement before a House Appropriations subcommittee on transportation, this morning U.S Transportation Secretary Ray LaHood told owners of recalled Toyotas that his advice is to "Stop driving it. Take it to a Toyota dealer because they believe they have a fix for it." LaHood emphasized that Toyota owners should "exercise caution until repairs can be made."

Earlier this week, LaHood stated that officials at the government safety agency had to "wake up" Toyota officials at offices in Japan to get them to take action. According to an article today in the Boston Herald, LaHood said the government is considering civil penalties for Toyota.

Toyota stock fell 16 percent last month. Sales are temporarily halted of eight Toyota models while the sticking accelerator problem is being fixed.

If you have been injured in an accident involving a recalled Toyota, contact the Toyota stuck accelerator recall attorneys at Estey & Bomberger, LLP for more information about your legal rights. You may be entitled to compensation from Toyota. All consultations are free. To speak to an attorney about your potential case, call Estey & Bomberger at (800)724-3817.

Continue reading "Transportation Secretary To Owners of Recalled Toyotas: "Stop Driving It"" »