California Injury Lawyer Blog

Pfizer Recalls 1 Million Packages of Birth Control

Wed, 01 Feb 2012 17:21:50 -0800

Pfizer Inc. is recalling fourteen lots of Lo/Ovral-28 tablets and 14 lots of its generic brands Norgestrel and Ethinyl Estradiol. The recall has been issued after Pfizer discovered that some packages of birth control had too many active pills while others had to few. The packaging error is estimated to have affected one million packages of birth control packages. Patients relying on any of the affected birth control packets are encouraged to use alternative contraceptives, as this month's packet may not be effective.

Oral contraceptives work by increasing hormone levels with active pills for 21 days, followed by 7 days of placebo pills. A woman taking a sugar pill out of order may not have enough contraceptive in their body to prevent a pregnancy. Please take the following steps to determine whether your packet has been recalled:

Make sure you have been prescribed Lo/Ovral or Norgestrel and Ethinyl Estradiol birth control pills. Other brands have not been affected by this recall.
Check the expiration dates. The recalled packets have expiration dates between July 31, 2013 and March 31, 2014.
Double check to see the lot number of your packet matches the lot numbers of the recalled birth control pills on FDA's Pfizer recall page.

If you have been issued a recalled birth control pill, contact your healthcare provider immediately for a check up. An unintended pregnancy can incur hundreds of dollars in expenses and financial losses that you may not been prepared to face, damages Pfizer may be held liable for. When a product fails to provide the service it was designed, marketed, and sold for, manufacturing companies can be held responsible for the damages related to their defective products.

For more information regarding your rights after an unintentional pregnancy, please contact our Pfizer recall attorneys to schedule a free consultation. Our California product liability lawyers will assess your case and help you determine your eligibility to file a product liability suit.

Former Miramonte Elementary Teacher Charged With Lewd Acts Against Students

Wed, 01 Feb 2012 07:35:38 -0800

LOS ANGELES - Mark Berndt, 61, a veteran elementary school teacher at Miramonte Elementary School in Los Angeles County was arrested yesterday at his Torrance home, the LA Times reported, on suspicion of committing horrific acts of abuse against his students, including spoon feeding his semen to them.

The arrest came after police a year-long investigation determined he committed lewd acts on 23 boys and girls, ages 6 to 10, between 2008 and 2010.

According to the news report, a CVS drugstore film processer turned over about 40 photos to police showing blindfolded children with their mouths covered with packing tape and large, Madagascar-type cockroaches on their faces. Some of the photos reportedly showed Miramonte with his arm around children or with his hand covering their mouth. Other photos showed what authorities believed to be semen being served to children in a spoon or on a cookie.

The LA Times reported that Berndt regularly told students they would be playing a "tasting game," in which he blindfolded them and sometimes, gagged them with packing tape.

In January 2011, a plastic spoon and container found discarded in Berndt's classroom tested positive for semen. Authorities are recommending the children be tested for sexually transmitted diseases.

If news accounts are accurate, it is shocking how Berndt abused his authority as a teacher to take advantage of these young, innocent students. Many of the children at Miramonte Elementary School are learning to speak English, and may have been unable to communicate what occurred. Miramonte is one of the last campuses in the Los Angeles County school district to operate rear around because of overcrowding. The school has struggled academically for years.

Authorities said that additional charges against Berndt are likely, since he taught at the school since 1979. Parents, understandably, are appalled and shocked, and many are rightly questioning why this went on for so many years. United Teachers Los Angeles, the local teachers union described the charges as "so abhorrent as to be incomprehensible."

Disturbing incidents like this one at Miramonte Elementary School are tragically increasingly reported. While the investigation is ongoing, the parents of the Berndt's students would be well-advised to speak with an experienced and knowledgeable Miramonte Elementary School molestation lawyer. The attorneys at Estey Bomberger have many years of experience representing victims of horrific abuse, and may be able to help the families hold not just the perpetrator, but the school, school district, and other entities or organizations accountable, if it is determined that their negligent supervision contributed to the horrific acts Berndt is accused of.

Berndt is being held in lieu of $2.3 million bail.

Four Killed in Fontana Car Accident

Tue, 31 Jan 2012 08:54:45 -0800

SAN BERNARDINO COUNTY - According to Fontana Herald News, four people were tragically killed in a multi-car collision in northwestern Fontana. The horrific accident occurred at about 9:35 p.m. Sunday when a 1998 Chevrolet Suburban was traveling eastbound on Baseline Avenue and ran a red light at Cherry Avenue. The SUV crashed into a southbound car - a 1998 Honda sedan - resulting in both vehicles spinning out of control. The SUV struck another vehicle and then slammed into a Southern California Edison power pole.

Following this horrific collision, two occupants in the SUV, who were brothers, died at the scene of the accident. One of them was the driver and the other was a rear-seat passenger. The two men have been identified as a 35-year-old Rancho Cucamonga resident and a 39-year-old Bloomington resident. The third occupant in the SUV - a 37-year-old man from Fontana - was taken to Kaiser Permanente Medical Center, where he later died due to his injuries.

The fourth person killed in this crash, was Noah Ferrer, 11, of Fontana, who was a passenger in the Honda. The young boy was transported to Loma Linda Hospital after the collision and died while in surgery at 12:26 a.m. Monday. His 40-year-old mother, who was driving the Honda, suffered chest pain and was treated at Loma Linda Hospital. No reports were given if any occupants in the third vehicle were hurt.

Cause of the Fontana Car Crash

The collision on the night of January 29th remains under investigation by the Fontana Police Department. Though it remains to be seen if alcohol was a factor in the crash, it is also not clear what caused the driver of the SUV to run a red light. Hopefully, police officials can determine what happened and why.

Fontana Car Accident Liability

Accidents that are caused by running a red light can result to serious injuries and death to anyone involved. In these types of situations, vehicles speed up to beat the light, and therefore, can create an accident to be more severe. That being said, after a fatal incident, the family of the victims would be well-advised to contact an experienced Fontana personal injury lawyer who has handled numerous wrongful death claims. If authorities determine the SUV driver is at fault for the accident, a skilled attorney can help ensure the families legal rights are protected, and advise them the best option to recover the maximum compensation for their tragic loss, including final medical care expenses, funeral and burial costs, loss of love, care, affection, and companionship.

139 Reports of Skechers Shape-ups Injuries Filed

Wed, 18 Jan 2012 15:35:42 -0800

Complaints regarding the popular Skechers Shape-ups have been formally reported on the online database Safer Products.gov, as early as April of last year. As of today, there are over 130 complaints filed by consumers who have been seriously injured whilst walking in their Skechers Shape-ups. Toning shoes hit the market, promising unbelievably amazing results to wearers with minimal effort. Skechers Shape-ups and similar toning shoes were a hit across the America, millions of people of all ages bought the shoes. In recent months, independent studies found no measurable benefits from wearing toning shoes, but the number of injury reports are raising concerns regarding the safety of these products.

Dangerously Designed Rocker Bottom Soles
All toning shoes sport a thick, rounded, and soft heel, designed to create "micro instability," forcing the wearer's muscles to work overtime to take steps and maintain upright. While the overworked muscles are the basis of Skechers' claim that the Shape-ups can increase fitness simply by walking, the repeated incidents of injured consumers are indicating that the sole design may actually be dangerous. Consumer Reports reviewed the product and advised persons with balance issues or pre-existing bone conditions to avoid using the shoes altogether.

Shape-ups Related Injuries
Because toning shoes like Shape-ups force the body to distribute its weight in an unnatural fashion, the strain causes back, knee, and hip pain for many wearers. In addition, the change in posture puts excessive pressure on the hips and ankles that overtime fractures may develop. Other injuries that have been reported in regards to Skechers Shape-ups include:

Broken bones

Achilles tendinitis

Dislocated hips

Torn muscles, tendons, and ligaments

Skechers Product Liability
When companies endanger the safety of consumers by manufacturing, marketing, and distributing dangerous products, injured consumers maintain the right to seek compensation from the parties responsible. The lack of any safety tests for a product that forces the body beyond the boundaries of natural movement is egregiously negligent. According to foot experts Wendy Tyrrell and Gwenda Carter, rocker bottom soles should be prescribed only for specific foot conditions, and many other podiatrists have also agreed that the rocker bottom soles can be potentially dangerous to wearers. To mass-produce and market prescription style shoes without any safety tests was irresponsible, and is the reason why dozens of people suffered irreparable injuries.

Consult a Skechers Shape-ups Injury Lawyer
Speak to a professional product liability lawyer today regarding your potential case. At Estey Bomberger, our Skechers Shape-ups injury lawyers have already filed a class action suit on behalf of 37 claimants who have been seriously injured as a result of this dangerous product. Call us today at (800) 890-6722 to schedule a free consultation.

Pedestrian Struck and Killed by Car in San Rafael

Mon, 16 Jan 2012 15:09:01 -0800

MARIN COUNTY - A pedestrian was severely struck by an elderly driver Saturday as he attempted to cross a street in downtown San Rafael, San Francisco Chronicle reported. The 49-year-old male pedestrian who resided in San Rafael, was hit after 9:30 p.m. by a 2001 Saab traveling east on 2nd at G Street. According to the Marin Independent Journal, the police found no indication the driver had been drinking. However, following the horrible collision, the pedestrian, whose name is being withheld pending notification of family, was reported to have died at the scene and the driver was not injured.

Cause of the 2nd and G Street Intersection Accident

The accident on January 14th remains under investigation by the San Rafael Police Department's Major Accident Investigation Team. However, based on the limited information given by news reports, it is unclear whether or not the driver of the vehicle was aware of the pedestrian crossing. Hopefully, police officials can come to a conclusion as to what happened and who is ultimately responsible.

San Rafael Pedestrian Accident Wrongful Death Liability

Fatal accidents such as this one, can be extremely devastating for family members. Following the unexpected loss of a loved one, the family would be well-advised to contact an experienced San Rafael personal injury attorney. An attorney who understands the legal issues of pedestrian accidents can ensure the family's rights are protected in a wrongful death claim, help investigators determine who is accountable for this collision, and obtain the maximum compensation the family deserves for their tragic loss.

Woman Injured in Visalia Pedestrian Accident

Tue, 10 Jan 2012 12:28:29 -0800

TULARE COUNTY - A pedestrian woman was severely struck by a car Monday night in Visalia, The Fresno Bee reported. The Visalia woman, whose name was not released, was hit by a sedan as she was crossing Tulare Avenue, just west of Garden Street.

Following the 5:40 p.m. accident, the woman sustained major injuries and was taken to Kaweah Delta Medical Center and then transferred to Community Regional Medical Center in Fresno for further treatment. The driver of the vehicle stopped at the scene and is cooperating with police during the investigation.

Visalia Pedestrian Accident Injury Liability

Following this horrible January 9th accident, the victim or the family members of the victim would be well-advised to seek a skilled Visalia pedestrian accident lawyer. While the accident remains unclear and is currently being investigated by the Visalia Police Department, an attorney can advise the victim of her legal rights in a personal injury claim, work with a team of investigators to reconstruct the scene of the collision to determine who may be at fault, and ensure she obtains the maximum compensation she deserves. Compensation in a civil claim includes medical care expenses, lost wages, pain and suffering, and other damages relating to this horrible pedestrian accident.

Important Information About Imperial County Car Accident Insurance Claims

Tue, 03 Jan 2012 12:58:09 -0800

As any driver knows, vehicle accidents are a relatively common occurrence. While the majority of accidents are minor collisions, sometimes called "fender benders", some accidents are serious enough to result in traumatic injury, permanent disability, and in some cases, death. In Imperial County, vehicle accidents involving cars, trucks, motorcycles, bicycles and pedestrians are common reasons for emergency room visits involving back injury, head injury, or broken bones.

If you or a loved one has been involved in a Imperial County vehicle accident and are suffering any amount of pain, it is important to seek medical treatment for your injuries. Your medical care and treatment records are important evidence to a future claim. Follow your doctor's recommendations for follow-up care, specialist visits, and any imaging tests that you need. Keep detailed records of your appointments and receipts.

Determining who was responsible for your accident may be simple and undisputed, or complex and contested. For example, if you were stopped at a stop light, and rear-ended by another vehicle, the car that rear-ended you will likely be clearly at fault. But if you were involved in multi-car pileup, or an accident where right-of-way is disputed, an investigation and reconstruction may be necessary to determine exactly what happened.

If the accident you were involved in was not your fault, you will likely be contacted by your insurance adjustor. Although the insurance representative will probably come across as caring, compassionate and understanding, be careful. What you say can be used against you. Before you provide any written or recorded statement, talk to an experienced and knowledgeable personal injury lawyer. An attorney can help you protect your rights and determine how much compensation you may be entitled to.

Damages awarded in a personal injury claim may be available to cover your medical care expenses, including hospitalization, surgery, physical therapy, and future medical care. You may also be entitled to compensation for your lost earnings, if you were unable to work for any period of time as a result of being injured. Finally, you may be entitled to money for your pain and suffering. The amount of money you may recover will depend on many unique factors. A skilled Imperial County personal injury attorney can help you determine the amount of financial compensation you are entitled to receive.

Fourteen People Injured In Accident at Pechanga Casino

Sun, 01 Jan 2012 19:03:41 -0800

TEMECULA - Fourteen people were injured, including two seriously, when a woman driving out of a casino parking structure struck another vehicle and then an open-air casino shuttle (similar to a golf cart) Saturday night. The major injury accident was reported at about 8 p.m. on New Years Eve in the Pechanga Casino's north parking structure. According to news reports in the Press Enterprise and Southwest Riverside News Network, Vivian Edwards was driving her 2007 black Saturn Aura down the exit ramp at an estimated 45-50 miles per hour when her vehicle rear-ended a 2012 black Hyundai Elantra. The Saturn then struck a concrete pillar and continued forward, striking an open golf cart shuttle that was carrying seven passengers. Two passengers were seriously injured and six other occupants were moderately injured. The driver and three passengers in the Hyundai were also taken to area hospitals, along with the driver of the Saturn and her unidentified passenger.

Cause of the Pechanga Casino Accident

The CHP is investigating the cause of the crash. According to multiple news reports, the driver of the Saturn told police that her accelerator pedal had stuck and she was unable to stop her vehicle. Police reportedly ruled out drugs and alcohol as contributing factors. Police could not immediately confirm Edwards' claim because the vehicle was inoperable.

Personal Injury Liability

This accident has numerous unique factors (and potentially liable parties) because this accident involved an alleged mechanical defect in a vehicle, occurred on casino property, and involved a courtesy shuttle bus. While the investigation into the cause of the accident is ongoing, the injured victims of this New Year's Eve collision would be well-advised to consult with an experienced and knowledgeable Temecula personal injury lawyer. An attorney who has handled accident occurring on casino property, as well as with auto expertise in auto product liability arising from collisions involving stuck accelerators can advise the victims' of their legal rights and best course of action to ensure they receive the maximum compensation they are entitled to for medical care, lost earnings, pain and suffering, and other damages.

Major Injuries Reported in 405 Freeway Crash in Los Angeles

Wed, 28 Dec 2011 10:52:33 -0800

LOS ANGELES - A four-vehicle collision early Wednesday morning on the southbound 405 Freeway left one person with life-threatening injuries, the LA Times reported. The collision was reported just south of Getty Center Driver at 4:30 a.m. Six people were involved in the crash, and five of the victims were taken to a local hospital. The cause of the December 28th Los Angeles car accident was not immediately clear.

Car Accident Personal Injury Liability

Following a major injury car accident, victims and their families are well-advised to speak with a knowledgeable and experienced personal injury attorney. If the accident is determined to be caused by the negligence of another driver, the accident victims may be entitled to compensation for medical care, lost earnings, pain and suffering, and other damages. While the investigation into the cause of the crash is ongoing, a skilled Los Angeles car accident lawyer can advise the accident victims and their family members of their best course of action to protect their legal rights to recover the maximum compensation they are entitled to.

Head-on Collision Near McKittrick Leaves Five People Injured

Mon, 12 Dec 2011 15:48:40 -0800

KERN COUNTY - A head-on collision involving a Ford truck and a Chevy truck near McKittrick Monday morning left five people injured, the Taft Midway Driller reported. The crash was reported on Reserve Road, west of Skyline Road, at about 6:30 a.m. According to the news report, Luis Mooney, 22, of Bakersfield, was driving a Ford truck westbound on Reserve Road at a high rate of speed when the vehicle entered eastbound lanes, colliding with a westbound Chevrolet truck driven by Brent D. Pierson, 27, of Bakersfield.

Both Mooney and Pierson suffered major injuries and had to be extricated from their vehicles by firefighters. Mooney was airlifted to Kern Medical Center and Pierson was taken by ground ambulance. One passenger in Pierson's truck and two passengers in Mooney's truck were also injured. The CHP is investigating the cause of the collision.

Kern County Car Accident Injury Liability

Following a serious injury accident such as this December 12th Skyline Road crash, the injured victims or their family members would be well-advised to consult with an experienced and knowledgeable Taft car accident lawyer. A Kern County personal injury attorney who understands the unique legal issues of head-on collision car accidents can advise the victims of their rights to recover financial compensation in a personal injury claim from whoever is responsible for their injuries. If negligence of another driver or a dangerous road condition caused this collision, the injured victims may pursue a personal injury claim for their medical care costs, lost income as a result of being unable to work, and damages for pain and suffering.

Six People Hurt in Head-On Collision Near Lompoc

Mon, 12 Dec 2011 15:05:39 -0800

SANTA BARBARA COUNTY - Six people suffered injuries ranging from minor to major following a head-on collision early Sunday morning in the Lompoc area, the Lompoc Record reported. The crash was reported at about 1:50 a.m. on Highway 1 at San Antonio Road. Further information about the parties involved or the cause of the collision was not available.

Cause of the Highway 1 Head-on Crash

The cause of this December 11th Lompoc car accident remains under investigation, and based on the information provided by the Lompoc Record, it is impossible to determine why this crash occurred. Most head-on collisions are attributed to driver behavior, such as swerving to avoid an object in the road, unsafe passing, or even falling asleep at the wheel. Hopefully, the investigation by the California Highway Patrol will reveal exactly what happened and who was responsible.

Car Accident Personal Injury Liability

While the investigation into the cause of this Lompoc area car accident is ongoing, the injured victims of the collision would be well-advised to consider speaking with an experienced and knowledgeable Santa Barbara personal injury lawyer. A skilled car accident attorney can review the accident report, and advise victims of their rights to be compensated for medical care, lost income, and other damages from the party or parties responsible for the collision.

Five People Killed in Helicopter Crash Near Lake Mead

Thu, 08 Dec 2011 07:22:35 -0800

LAS VEGAS - A tour helicopter operated by Sundance Helicopters crashed Wednesday afternoon, tragically killing the pilot and four passengers on board, Mercury News reported. The fatal accident was reported just before 5 p.m. on December 7th, in the River Mountains, about 4 miles west of Lake Mead, and about 30 miles from the Las Vegas Strip.

It is unclear what happened to cause the helicopter to go down. A spokesman for Sundance Helicopters told the Associated Press that the aircraft had been giving a local tour when it unexpectedly went missing.

A spokes for the Federal Aviation Administration said that the helicopter was an AS-350, a common aircraft for air tours. According to FAA records, the helicopter was built in 1989.

Sundance Helicopters has been operating helicopter tours since 1985. The company states on its website that it has a 23 helicopter fleet, and services more than 160,000 passengers each year.

This December 7th tragedy was not the first accident for the helicopter company. In September 2003, a pilot and six passengers were killed when a helicopter crashed into a wall in Descent Canyon, east of the Grand Canyon West Airport. The National Transportation Safety Board investigated the incident and cited pilot misjudgment and unsafe flying procedures.

Aviation Accident Liability

Following a fatal accident such as this December 7th Sundance Helicopter crash, or any other helicopter tour accident, the family members of the victims would be well-advised to speak with an experienced and knowledgeable aviation accident lawyer.

While the NTSB investigation is ongoing, an experienced attorney who is also a licensed pilot and who has represent victims of fatal aircraft accidents can advise the family members of the victims of their legal rights, and best course of action to protect them.

If it is determined that this devastating crash was preventable, either due to unsafe piloting, mechanical failure, or improper maintenance, the family members of the victims may choose to pursue a wrongful death claim against the responsible party or parties.

$7 Million Settlement Reached in Delaware Sexual Abuse Case

Fri, 02 Dec 2011 14:49:52 -0800

DELAWARE - Reuters reported today that 14 victims of sexual assault reached a $7 million settlement with three Catholic Church institutions, according to two of the victims. The article stated that nine of the plaintiffs in the settlement were alleged victims of former Capuchin Friar Pal Daleo, and five others were allegedly harmed by John Fleming, former St. Edmonds Academy lay teacher and wrestling coach.

Two of the fourteen victims, Matthias Conaty and Jeff Rose, who announced the settlement, were abused in the late 1970's and early 1980's. Earlier this year, the Diocese of Wilmington paid a $77.4 million settlement to 146 alleged victims, forcing the diocese to declare bankruptcy.

The Child Victim's Act of 2007 eliminated the civil statute of limitations on clergy sexual abuse in Delaware and allowed a two-year window for victims to file civil suits. A similar law is being considered in Pennsylvania, where the Penn State scandal is currently under close scrutiny.

Bicyclist Fatally Struck by Car in Casper on Highway 1

Tue, 15 Nov 2011 13:59:40 -0800

MENDOCINO COUNTY -- According to Mercury News, an 82-year-old Mendocino avid cyclist was severely struck by a pickup truck in Casper on Sunday. This tragic accident happened along Highway 1 when a 1999 Ford F-150 driven by Sterling Bradbury, 18, of Mendocino, veered onto the shoulder of the highway and struck the bicyclist. CHP at the scene stated that alcohol or drugs, or the use of a cell phone were not a factor in the crash. However, following this tragic accident, the bicyclist, David Russell, was airlifted to Santa Rosa Memorial Hospital where he was later died due to his injures.

Cause of the Bicycle Accident on Highway 1

The accident on November 13th remains under investigation by the California Highway Patrol. However based on the information provided by Mercury News, it is unclear what caused the teen driver to veer onto the shoulder of the freeway. Therefore, police officials investigating this devastating accident will look at factors that include and are not limited to falling asleep while driving, road conditions, vehicle malfunctions, and distracted driving.

Bicycle Accident Wrongful Death Liability

Bicycle accidents can result in serious injuries and/or death to the cyclist involved. There are numerous ways accidents such as this one can occur, such as motorists forcing bicyclists off the road, veering in front of a cyclist's path, or other negligent actions by the driver.

Therefore, while it is not determined by authorities what caused this crash and who is ultimately responsible, the family of the deceased victim would be well-advised to contact a California wrongful death lawyer. One of our understanding and dedicated attorneys at Estey Bomberger, especially Mike Bomberger who is also an avid cyclist, can ensure the family's legal rights are protected, help police in efforts to hold the responsible party financially liable for funeral and burial costs, anticipated and future lifetime earnings and benefits, loss of love, care, affection, and companionship.

Boy Tragically Killed, Another Seriously Injured in Vallejo Pedestrian Accident

Sun, 13 Nov 2011 10:15:39 -0800

SOLANO COUNTY -- A devastating Vallejo accident involving two young boys and a garbage truck occurred after 12:30 p.m. Friday, San Francisco Chronicle reported. The two boys, 8- and 12-years-old, were riding on one skateboard along Chapman Court, when they approached the intersection of Linfield Drive and collided with a Recology Vallejo truck.

Following the crash, the 8-year-old boy, "Clayo" Young, sustained major injuries and was transported to Children's Hospital in Oakland. And the 12-year-old boy, Joseph Tafoya III, was taken to Kaiser Medical Center in Vallejo, where he later died due to his injuries.

Pedestrian Accident Personal Injury and Wrongful Death Liability

In devastating accidents such as this one, where it is unclear who is at fault, the family of the two children would be well-advised to speak to a Northern California pedestrian accident lawyer to discuss their legal rights in either a personal injury or wrongful death claim.

At the law firm of Estey Bomberger, knowledgeable and experienced attorneys can help the family understand and protect their legal rights, hire an independent investigator to reconstruct the scene of the accident to determine who may be responsible, and decide the best course of action to recover the maximum compensation for funeral and burial costs, medical care expenses, pain and suffering, and other related damages in this tragic pedestrian accident.