Infant Death Toll Results in the Recall of Simplicity Bassinets

Saturday, August 29, 2009

There are many products on the market to make caring for infants easier and more efficient. However, when these items are defective, they can result in injury and/or death. 

The Consumer Product Safety Commission has alerted the public, and began the recall of Simplicity 3-in-1 and 4-in-1 convertible bassinets after four infants died while using them. In addition, there have been a number of infants that have  been injury using the bassinet, narrowly escaping death. The Close-Sleeper Bassinet and Bedside Sleeper Bassinet, both manufactured in Reading, Pennsylvania become dangerous when infants get their heads trapped between the lower Velcro bassinet bar and the mattress supports. An initial warning was issued in August of 2008, but has been ignored by some consumers. When two more infants died as a result of the defective product, the CPSC announced the recall.

A two-month year old baby died in September 2008, while a six-month infant died in August 2008 following the original recall. The baby death toll is enough evidence to urge all consumers nationwide to stop using the dangerous bassinets immediately. Luckily, several major retailers that once carried the Simplicity Bassinets have voluntarily cooperated with the recall. These include, Wal-Mart Stores, Toys “R” Us, Kmart, Big Lots, Target, as well as many other stores in various regions of the country. 

Because of the life-threatening nature of the Simplicity Bassinets, the Consumer Product Safety Commission strongly encourages the public to stop using this products immediately. The death toll from this product has already reached a devastating number. These products, intended for efficiency and ease, can be defective, and do have the potential to result in severe injury or death. The Law Offices of Bredell and Bredell are ready and willing to fight for you in the event of product defectiveness. Should you or a loved one be injured as a result of deficient products, such as the Simplicity Bassinets, please do not hesitate to contact us.

Filed under: For Your Information, Product Deficiency Matters, Safety Matters and Tips—Tags: , , — Comments (0)

University of Central Florida Athletic Department Facing Wrongful Death Lawsuit

Thursday, August 27, 2009

College football is a highlight for many students and fans of various universities across the nation. The players are put under strenuous training conditions in order to prepare them for their upcoming seasons. However, sometimes the pressure endured by the players is too much.

Nineteen year-old wide UCF receiver, Ereck Plancher died on March 18th, 2009 as a result of football training. The intense training caused complications with his Sickle Cell Anemia, and resulting in the player’s death. The family of the fallen athlete has filed a wrongful death suit against the school’s board of trustees, and the athletic department. An Orlando Circuit Court heard preliminary arguments from both sides concerning the validity of waiver forms, and how closely they can shield a school from liability. The judge ordered the case to resume fully on September 18th.

The university is seeking to avoid liability by arguing that the player signed a medical waiver prior to starting practice. It is their belief that the agreement guards the school from any wrongdoing. However, there are several factors going against UCF that  undercut this argument.

The plaintiff’s  claim that the athletic training department knew that Plancher had Sickle Cell Anemia, but failed to inform him. This is  grave mistake as several football players have died due to that very illness. While UCF insists that they informed the player of his condition, testimony from the head athletic trainer for the university states that he does not recall ever telling him. Secondly, the plaintiff’s are directly battling the issue of the waiver by maintaing that Plancher did not have a choice on whether to sign the forms. If he refused to sign, he would lose his UCF scholarship and have to sit out for an entire season before being eligible to play at another school according to the bylaws of the NCAA.

While college football is a beloved pastime in the United States, many fail to remember the extreme conditions that players endure in order to compete at the highest level of competition. The intense training can result in injury, illness, and even death. For safety purposes, it is imperative that the athletic department inform all players should an illness arise. This would allow the athlete to make a proper decision of how much physical activity they are able to go through. The Law Offices of Bredell and Bredell have years of experience handling wrongful death suits, similar to these. Should your family have been the victims of a wrongful death, please do not hesitate to contact us immediately.

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Drunk Driver Charged with Nine Felonies Following I-696 Crash

Thursday, August 13, 2009

Madison Heights resident, twenty-four year old Thomas S. Grobbel was charged this past week with nine separate driving offenses, after he drunkenly slammed his pickup into a minivan occupied by four Royal Oak residents. The accident killed one, and injured the other three. The offenses he was charged with include: operating while intoxicated causing death, as well as manslaughter with a motor vehicle. Additionally, he faces charges of operating a motor vehicle while intoxicated causing injury, two counts of felonious driving, and failure to stop at a serious accident causing impairment. These are just additions to an already extensive list of driving infractions. His record boasts five suspensions since 2002, mostly for failure to appear in court and for late payment of court fees.

The collision resulted in the death of Andrew G. Ross, 23. In addition, it caused serious injury to the other passengers including Andrew G. Doran, 45, and Jerald N. Charest, 25. The fourth passenger, Michael W. Myke, 33, suffered minor injuries. Grobbel  was spotted driving recklessly at a McDonald’s restaurant in Warren immediately before the crash. Additionally, he narrowly escaped an initial collision while traveling on westbound I-696. He collided with the Royal Oak resident’s van around 2:00 a.m. on Monday, July 20th.

Immediately following the crash, Grobbel fled the scene. Donald Chisholm, Royal Oak District Magistrate, believes that this makes Grobbel a threat to the community at large. “Based on the severity of the event and based on the substantial amount of time between the crash and before you (decided) not to be forthcoming, it shows an attempt to evade the consequences of your conduct.” Because he fled the scene of the accident, Grobbel had to be tracked down with the help of a U.S. Coast Guard helicopter. Reportedly, upon arrest, he was still highly intoxicated. Chisholm ordered that he be held in the Oakland County Jail in lieu of a $1 million cash bond.

Tragic examples such as this are constant reminders of the importance of driving soberly and safely. When drinking, designating a sober driver can prevent similar accidents, that commonly end in serious injury or fatality. It also highlights the necessity of paying constant attention while driving for others on the road who are showing signs of reckless driving. The Arrive Alive Foundation is dedicated to preventing drunk driving, as well as providing help to the victims of these types of accidents. The Law Offices of Bredell and Bredell take a firm stance against driving intoxicated or under the influence. We encourage anyone injured by such an accident to contact us immediately.

Filed under: Auto, Truck, and Motorcycle Accidents, Drunk Driving Accidents—Tags: , , , , , , , — Comments (0)

Father and Son Killed After Jet Ski Crash

During the summer months, the warm weather makes an afternoon on the water one of the most enjoyable activities possible. However, as more people take to the water, there is an increased possibility for accidents.

Roopnarine Gopaul, 42, and his son Christopher, 5, were both using a Jet Ski on Crooked Creek, in Livingston, New York. Although Gopaul was an experienced Jet Skiier, and always used extreme caution, he lost control and collided with a dock. He died almost immediately following the impact. Christopher was immediately rushed to Nassau University Medical Center, where he was treated for severe injuries. In spite of the medical team’s best efforts, the young boy died the next day.

Those who knew both the boy and the father speak very highly of the deceased. Gopaul, who was known as “Sully” to his friends, was a truck driver who moved to the Untied States from Guyana in 1988. Described as a hard-worker, he was also a passionate family man. He and his wife Renuca, both devout Hindu’s had two children, Christopher, and Kailia, 6. Relatives reported that he had been riding his brother-in-law’s Jet Ski for over ten years, and never had an accident before. Additionally, Gopaul used extreme caution when his son was riding. This has led the family to speculate what caused the crash in the first place. Police in the area are currently investigating the accident and its details.

Even though the summer days are winding down, and the weather is starting to cool, the need for extreme caution while on the water is still important. While the details of what caused the crashed have yet to be discovered, it nonetheless reminds everyone of the necessity of paying attention at all times while operating either a watercraft or a Jet Ski. This especially applies to Michigan residents, as there is a multitude of lakes in this region. The Law Offices of Bredell and Bredell encourages you to play safe this summer, as well as to contact us should you or a loved one be injured in a watercraft or Jet Ski accident.

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Emergency Room Error Leaves Woman Neurologically Disabled

When someone is medically impaired, the first step is to rush that person to the emergency room. These are the people that are entrusted to provide the best care possible in order to ensure the best recovery possible. However, when errors are made in that critical area of medical treatment, it can leave the sick person in a worsened state.

On January 14th, 2005, Migdalia Soto checked into Lincoln Hospital, in New York after suffering a stroke. The forty-seven year old pharmacist assistant was washing dishes in her apartment when she had the stoke–she could not form words or stand, and motioned that she couldn’t feel anything on her right side. All of these complaints are chief symptoms of stroke. However, when she arrived in the hospital, she was diagnosed with a mental condition and sent to the psych ward. She was not transferred to the medical ward until January 19th, due to Martin Luther King Jr. Day Weekend. During this time, her children attempted to convince the psych ward stuff that their mother was not mentally ill or on drugs. “We told the doctors, ‘Look, this is not normal for my mom. Something’s wrong. They just kept telling us it’s in her head, that she can walk, she’s just refusing to walk,’” her son Miguel Soto said. The medical staff diagnosed Soto has having psychosis, reporting that she only believed she couldn’t walk, and that she is delusional. That Sunday, her son found his mother lying on the floor, as she had fallen out of bed. He immediately reported this to the doctor, to no avail.

Finally, on Tuesday January 18th, 2005, a medical doctor finally examined Soto, and it was requested that she receive a neurological consultation. After a CAT scan the following day, she was transferred to the medical ward, as she was finally diagnosed with the real condition; stroke. The Health Department maintains that there was no “statement of deficiencies,” which could imply two things. First, that the Health Department found no wrong doing. Second, that the hospital failed to tell the agency about the incident. However, it is clear that something went wrong–the city paid $850,000 to the family in settlement.

When we seek medical attention at the emergency room, top-notch care is expected. Those in that department are on the front-lines of battling the grusome ailments that enter their doors. However, when mistakes are made, they can be devestating. Had a medical team diagnosed Soto properly when she first came to the hospital, then perhaps her neurological problems would not have worsened, and she could have received treatment quicker. The Law Offices of Bredell and Bredell are dedicated to seeking justice for those who have been the victim of emergency room errors. If you believe that you or a loved one has been the victim of emergency room negligence, please do not hesistate to contact us.

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Bredell Law Firm’s Client Prevails on Sidewalk Liability Appeal

Monday, August 10, 2009

The Law Offices of Bredell and Bredell have received a  favorable Court of Appeals decision, allowing their client’s case to go to a jury on this sidewalk liability case. 

In this premises case,  the sixteen year-old client was riding her bicycle on Packard Road in Ann Arbor on her way to a friend’s house. Along the way, she hit a piece of unleveled pavement, as the real height difference between the slabs was hidden by grass and other vegetation.   She collided with the tree,  smashing her hand, she also hitting her head.

The young girl sustained serious injuries as a result of the collision. The 4th and 5th metacarpal in her left hand were severely injured. The 4th metacarpal was smashed in the mid section, while the 5th metacarpal collapsed completely. In order to repair this injury, the young girl had to undergo extensive surgical repair, as well as post-operative physical therapy. Lastly, she sustained contusions and scrapes all over her arms and legs.

The defendant argued that the sidewalk defect did not cause the crash. However, this was refuted by the plaintiff’s testimony. She believed that she was riding through a patch of vegetation, not running into a heightened piece of cement. Photographic evidence also proved the defendant’s claim inaccurate. Additionally, a city employee that was responsible for sidewalk inspections informed the court that the particular piece of cement she hit was already scheduled for repair later that summer. In spite of this,  the city  denied liability by maintaining that since the defect was less than two inches, they had fulfilled their responsibility. After trying to dismiss the case, as well as an appeal, the defendant is at a loss.  [COA Docket Number 284135]

The court agreed with the plaintiff and the Bredell counsel. This case has substantial evidence to prove that the defect in the sidewalk is the reason for the young girl’s collision while riding her bicycle. This case shows  the staunch, aggressive dedication that the Bredells have for their clients and their cases. Should you or a loved one be injured in a premises accident, please do not hesitate to contact us.

Filed under: Bicycle and Pedestrian Accidents, For Your Information, Premises Accidents—Tags: , , , , , , , , — Comments (0)

Bicycle Accidents Reinforce the Necessity of Safety Gear

Riding a bicycle is an exciting way to exercise and spend time outdoors with friends and family. While it is a popular sporting activity, there are also several opportunities for cyclists to seriously injure themselves. However, if one wears the proper safety gear, such as a helmet, terrible injury can be either minimized or avoided.

Colorado Firefighting Chief Brian Brown is an example that magnifies the importance of safety gear. In July of 2006, he and his wife Alice were biking through Mount Evans. Brian, lost control of his bike and crashed. Fortunately, a group of rangers were on the scene immediately, and contacted the Flight for Life and an ambulance. Alice, who was trailing after her husband arrived after the rangers, rushing over to help. “He was completely unconscious. He was bleeding out of his ear and his nose,” she reported.

The ambulance and helicopter arrived momentarily, and Brian was rushed to Saint Anthony Hospital in Denver. After medical examination, it was determined that Brain had sustained a traumatic brain injury.  Additionally, he had several serious abrasions all over his body. However, after many seizures and extensive rehabilitation and treatment, Brain fully recovered. He regained the ability to speak, as well as use his left leg which was temporarily paralyzed as a result of the accident. The only medication that Brian still takes today is to control his seizures. The Browns insist that Brian’s safety helmet, coupled with the rangers quick action and immediate medical attention saved his life.

In the months following the accident, the Browns decided to reach out to the park rangers who came to Brian’s aid. Upon contacting the ranger district, they learned that the ranger who helped the most, Tim Cox died a a few weeks earlier. Tragically ironic is his cause of death–Cox fell from his bike and hit his head. Because he was not wearing a helmet, he died instantly upon impact. Tim Cox was known as a very safety conscious person, but it never occurred to him to wear a helmet while cycling through the trail.

Tim Cox’s death deeply affected and inspired Brian and Alice Brown. Since, they have dedicated their lives to informing others of the necessity of wearing safety gear while riding their bicycle. “You need to wear your helmet and this is why: someone lived wearing a helmet and someone saw it and took a day off from being safe and he died,” she said. The Browns started a Colorado chapter of Raisin Hope Foundation, originally founded by injured professional cyclist Saul Raisin. In addition, they hold several community events that promote safety while cycling.

Bicycling is a sport, hobby, and passion for many people, including Brian Brown and Tim Cox. However, it is their stories that remind us all of how important it is to wear a safety helmet while riding. Accidents do happen, and one can be severely injured without one. The Law Offices of Bredell and Bredell encourages everyone to wear protective safety gear while riding a bicycle. Should you or a loved one incur catastrophic injury due to a bicycle accident, please contact us immediately.

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Rising Number of Pedestrian-Bus Accidents Provides Cause for Change

In Des Moines, Iowa pedestrian-bus accidents are on the rise. Following the seventh pedestrian-bus accident since July 2007, two new rules for DART drivers were enacted. Incidentally, the new rules came out the same day that a law suit was filed against the Des Moines Transportation Authority. The first is a temporary “turn-and-honk” policy. The second is a ban on left-hand turns in downtown Des Moines. Other possible safety changes are changing the bus routes and adding more signs downtown to make pedestrians more aware of their surroundings.

A 61 year old West Des Moines resident  was the victim of the second pedestrian-bus accident downtown in nineteen days. She was struck by a DART bus, driven by a car, that was making a left hand turn, and was charged with failure to yield to pedestrians. It is because of accidents like this that the city council is debating putting in an alarm system on the buses to go off when turns are made. Whether it will be automatic or self-activated, it is unknown.

All of these changes are likely to be in effect for at least several weeks, or until a permanent solution is found. During this time, the busses will run slower, therefore inconveniencing some individuals. However, as the number of pedestrian-bus accidents increases, the changes are necessary for safety reasons. DART Commissioner Skip Conkling expresses the frustration of the organization that accidents still occur, regardless of all of the new rules. “We’ve worked really hard to improve our system over the past few years,” he said. “I don’t know what more we can do than we’re doing now to make it safer… We each have a personal responsibility to be safe with ourselves as well.”

When walking in a populous area, it is important to watch out for traffic, especially buses. Pedestrian-bus accidents can happen anywhere, not just in Des Moines. The recent rise in Iowa accidents reminds us all of proper precautions. First, so metropolitan transportation authorities can plan efficiently to minimize and eventually eliminate accidents. Secondly, so pedestrians can be more aware of their surroundings in busy areas. The Law Offices of Bredell and Bredell encourages both bus drivers and pedestrians to watch out for each other, and to keep their eyes on the road while downtown areas. Should you or a loved one be injured in a pedestrian accident, please contact us immediately.

Filed under: Auto, Truck, and Motorcycle Accidents, Bicycle and Pedestrian Accidents, For Your Information, Safety Matters and Tips—Tags: , , , , , , , — Comments (0)

Awaiting Toxicology Tests For Five Teens Killed in Michigan Car-Train Crash

Friday, August 7, 2009

It has recently been determined that all five of the teens killed in the recent car-train crash in Canton, Michigan will undergo toxicology tests, especially the driver of the car, Dan Broughton, 19. It is the attempt of investigators to determine what prompted Broughton to drive around the flashing lights, and onto the train tracks.

Canton Township Police Sgt. Mark Gajeski reminds us of the five victims. “You look at the pictures, and the five peoples lives taken. A very poor decision was made in an instant and how five people lost their lives,” he said. Michigan State Police are trying to figure out what caused that poor decision. Records show that Broughton had several traffic violations, including speeding and disobeying a stop sign. Lastly, his failure to show a driver’s license on April 1st, resulted in judge to suspend his license on June 17th.

Also killed in the crash was fourteen year-old Jessica Sadler, eighteen year-old Eddie Gross, nineteen year-old Sean Harris, and twenty-one year old Terrance Harris. Albert Samuels, the chief investigator for the Wayne County Medical Examiner’s office reported that toxicology screenings will be available as early as today, but results could take six to twelve weeks. He said each teenager in the car was to be tested, but Broughton would be the main focus.

The untimely deaths of the five Michigan teenagers is a striking reminder of using caution while driving. Not only is driving impaired dangerous and illegal, it can end in fatality. Even if drugs or alcohol were not involved in this case, flashing lights near a train track are there for a reason–should the gates be dropped, it is not safe to pass over the tracks. Doing so, as seen in this instance, can end in disaster. The Law Offices of Bredell and Bredell are dedicated to seeking justice for all those injured in a similar accident. Should you or a loved one be injured in a car or train accident, please contact us immediately.

Filed under: Auto, Truck, and Motorcycle Accidents, Drunk Driving Accidents, For Your Information—Tags: , , , , , , , , , , — Comments (0)

Motorcycle Accident on the Cape Claims Victims

Thursday, August 6, 2009

Riding a motorcycle, although an exhilarating activity, it is a dangerous one. While riding a smaller vehicle, especially in heavy tourist areas, opportunities for accidents are abundant.

Former Cape resident Gerald M. Robertston, 42, was riding his 1999 Kawasaki ZX1100 motorcycle  when he ran into a 2006 Suzuki Gravity Station Wagon, turning left into a parking lot. Witnesses reported that Robertston was thrown from his bike and hit a tow truck that was parked in the westbound lane. However, it was also noted that he popped a “wheelie” shortly before he collided with the car.  But, this has yet to be confirmed.   A witness, who happened to be a nurse, rushed over to assist him.  Unfortunately, he passed away only a few hours later at a hospital.

Many people view riding a motorcycle as an exciting activity, and an exhilarating adrenaline rush. However, when riding,  it is paramount that the driver remains in control at all times.  It is important that motorcyclists use the proper safety equipment, including helmets and protective clothing (leathers).    Dangerous biking practices should be avoided.    And, paying attention to other vehicles  is crucial to avoiding accidents. The Law Offices of Bredell and Bredell have years of experience handling personal injury cases such as these, and  we are ready to help you.  Should you or a loved one be involved in a motorcycle accident, please do not hesitate to contact us.

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