Friday, July 30, 2010

Wrongful Death with Assisted Living Facility

Woods Services, a facility that provides residential, educational and vocational supports for children and adults with special needs, is facing a wrongful death situation after one of its residents with severe autism was left inside a van parked at the facility for over five hours resulting in his death. “20-year-old,Brian Nevins, of Queens, New York, died of hyperthermia after he and several others from the center returned from a trip to the Sesame Place theme park, according to Bucks County Coroner Dr. Joseph Campbell.” According to reports, a male counselor escorted two clients to their residences after they returned from the trip. The second counselor took one client back to the residence but left Nevins behind. Nevins was seated in the far rear seat of the van. Temperatures Saturday reached 97 degrees. The heat index for the area reached triple digits.

Thursday, July 29, 2010

Portable Baby Recliners Recalled

On July 26th the U.S. Consumer Product Safety Commission (CPSC), in cooperation with Baby Matters LLC, is issuing a recall of 30,000 Nap Nanny portable baby recliners. “The product is a portable recliner designed for sleeping, resting and playing. It includes a foam base with an inclined indentation for the infant to sit, along with a fitted fabric cover and a three point harness. The first generation model does not have “D”-rings for the harness.” The CPSC is investigating a report of a 4-month-old girl from Michigan who died in the product as it was being used in the crib. According to preliminary reports, the infant was in the harness, but found hanging over the side of the product. She was caught between the Nap Nanny and the crib bumper.
According to the press release, “Infants can partially fall or hang over the side of the Nap Nanny even when the harness is in use. This situation can be worse if the Velcro strap, located inside the Nap Nanny are not properly attached to the “D”-rings located on the foam, or if consumers are using the first generation model Nap Nanny that was sold without “D”-rings.” The products were sold at toy and children’s retail stores nationwide and on the web, including at the company website,, from January 2009 through July 2010. They retailed at approximately $130.

Thursday, July 22, 2010

Medical Malpractice Suit Goes to Trial

In 2003 Maria Storm and her husband, Douglas Storm, sued Dr. Patrick Zimmerman claiming, “he failed to properly diagnose Maria’s skin cancer when he removed a lesion from her back in 1999.” In 2005 Maria Storm died of cancer. Wednesday morning testimony got under way in the second trial of Maria’s medical malpractice suit over the diagnosis of her skin cancer. The case was originally tried in January 2007, with the jury returning a verdict for Zimmerman. However, the plaintiff successfully appealed to have the verdict thrown out after one of the case's original jurors lied about his role in two pending Madison County lawsuits during voir dire. In opening statements, plantiff’s attorney Rex Carr, stressed the testimony of several other doctors that would prove Zimmerman, a Collinsville family practice doctor, failed to meet the standard of care when he treated Maria Storm more than 10 years ago. "She was told not to worry about it and she didn't," Carr said.

Monday, July 19, 2010

Pitbulls Attack Owner

Two dogs, described as “pitbull types,” attacked their owner in his home. The 34-year-old victim, who had serious head and arm injuries, was initially taken to Tauranga Hospital but was transferred to Waikato Hospital for specialist care late this morning. Ambulance officers called police who shot both dogs dead, saying they were too dangerous and posed a risk to anyone who got near them. Senior Sergeant Rob Glencross, of Tauranga police, said the man's injuries were "pretty horrific".