San Francisco Injury Lawyer Blog

Last weekend, a 24year old man who was cycling in the mission district suffered serious injuries after being struck by a hit a run driver, according to SFGate.com. The cyclist was taken to San Francisco General Hospital. There is no detailed description of the suspect, except that his vehicle is described as tan or gold newer model four-door. The time was 12:20a.m. on December 25th and the cyclist was heading west on 25th street, and the car was heading east on 25th street. The driver hit the cyclist as he was making a left turn onto Bartlett Street. The police stated that the cyclist had the right-of-way, as the car was the one that was turning.

As it turns out, this intersection is notorious for car crashes and many near misses. Several people in the neighborhood wonder why there is not a stop sign at that intersection on 25th, as there are four-way stops at all the other intersections—the only stop signs at that intersection are on Bartlett, one of which is covered by foliage. Also they wonder: if there was a stop sign there, could this accident have been avoided? Many drivers take the smaller streets to avoid traffic, thereby placing cyclists who do the same in jeopardy. Some drivers coming from the freeway onto Caesar Chavez and into the Mission neighborhoods forget to slow down. Residents are petitioning for more stop signs at all dangerous intersections and vulnerable points in the area. They are also seeking to have the property owner, at the stop sign covered with foliage, trim the back the potential hazard. Here at the Brod Law Firm, we too believe drivers need to slow them down as soon as they take the off-ramp and begin entering neighborhoods with children, pedestrians, cyclists, and transit users.

If you or a loved one suffered an injury as the result of a bicycle accident, please contact our firm to see about filing a claim. With over 10 years experience defending injured cyclists, we have the expertise to guarantee you get the compensation you deserve.

After almost six years since the attacks, thousands of rescue workers and volunteers are sick after being exposed to toxic dust at Ground Zero, such as the ironworkers who volunteered on the heap of rubble for days and are now sick and/or dying of lung disease. This happened despite the Agency for Toxic Substances and Disease Registry's (ATSDR) warning on September 12 that there were significant asbestos readings in the air. The good news is that on Wednesday of last week Congress passed and the President reportedly signed the James Zadroga 9/11 Health and Compensation Act of 2010. The bill states its purpose is to “establish the World Trade Center Health Program (WTC Program) within the National Institute for Occupational Safety and Health to provide:
“(1) medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers (including those who are federal employees) who responded to the September 11, 2001, terrorist attacks; and
“(2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers in New York City who were directly impacted and adversely affected by such attacks.”

In other words, this is healthcare for World Trade Center for all those responders sickened by toxic dust at Ground Zero. However, in order to get the James Zadroga 9/11 Health and Compensation Act past any unessasary obstruction in the US Senate, the bill was scaled back significantly. The original draft of the bill asked for a 10-year, $7.4 billion treatment and compensation package; the new version asks for 5 years at $4.2 billion. It also reopens the 9/11 Victims’ Compensation Fund to the responders, but it caps lawyers' fees to 10 percent. The passage of the Zadroga Act is especially important to the 325 Ground Zero responders who were left out the recently approved World Trade Center Toxic Dust Settlement. The $4.3B billion package is an important action to support the 9/11 first-responders and volunteers injured-or handed out death sentences-- after working at Ground Zero, but we wonder if it will be enough.

If you or your loved one became sick due to exposure to toxic substances and would like to know if you have grounds to file a claim, please contact our firm. We have over 10 years experience working with victims of toxic substances, and, if you have a case, we will work hard to get you the compensation you desrve.

Recently, the Environmental Working Group analyzed the drinking water in 35 cities across the United States and found that most contained hexavalent chromium, a commonly used, until the early 1990s, in some industries, such as in chrome plating and the manufacturing of plastics and dyes, and it has the ability to leach into groundwater from natural ores. The study is the first nationwide analysis of hexavalent chromium in drinking water to be made public, and it comes at the same time the Environmental Protection Agency is considering whether to set a limit for hexavalent chromium in tap water. Currently, the federal government restricts the amount of “total chromium” in drinking water and requires water utilities to test for it, but that includes both trivalent chromium, a mineral that humans need to metabolize glucose, and hexavalent chromium, the metal that has caused cancer in laboratory animals. Last year, California took the first step in limiting the amount of hexavalent chromium in drinking water by proposing a set goal of safe levels, and if our state does set a limit, it will be the first in the nation.
Osha’s website contains interesting facts about the chemical. For example it states: workers who breathe hexavalent chromium compounds at their jobs for many years may be at increased risk of developing lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur if hexavalent chromium contacts these organs in high concentrations or for a prolonged period of time. When inhaled, Hexavalent chromium has been known to cause lung cancer, but scientists recently found evidence that it causes cancer in laboratory animals after it is ingested. It has been linked in animals to liver and kidney damage as well as leukemia, stomach cancer and other cancers. The American Chemistry Council, which represents the chemical industry, says the California goal is unrealistic because some water supplies have naturally occurring hexavalent chromium that is higher than limits proposed.
If you or a family member has been injured due to industrial negligence, please contact our office today. We have over 10 years experience fighting-and winning- personal injury lawsuits.

Did you know that some nursing homes homes and elder care providers are using psychotropic drugs to restrain unruly residents? According to a recent report, experts claim over-drugging is common nationwide, and the number of nursing home residents who are given these drugs is rising, and that one in every four patients is given anti-psychotic drugs. Some have suffered from a variety of adverse responses such as, tremors, dangerous lethargy, and a higher risk of harmful falls or even death. The food and drug administration has stated that the unnecessary use of these drugs kill 15,000 nursing home patients each year. In some situations, elderly people are actually held down and restrained against their will, and given excessive amounts of medicine to keep them quiet or from bothering staff.

Behavior problems, such as verbally or physically agitated behavior, are a challenge that many nursing homes do not know how to face. Sometimes antipsychotics are administered during a patient’s first week at a nursing home. Residents who are taken off psychotropic drugs must face withdrawal—and sometimes the discontinuation of medication can cause a worsening of behavior. It is illegal for nursing homes to prescribe these types of drugs without informed consent. A written statement of informed consent and valid psychiatric diagnosis must be obtained, and any resident whose level of cognitive function is sufficiently intact can be asked to provide consent for himself of herself. If a resident is unable to provide informed consent, a legally appointed guardian or family member responsible for their care should be contacted and asked to provide consent for them. If you or a loved one have been abused at a nursing home , please contact our firm for a free consultation. We have over 10 years fighting for the victims of elder and nursing home abuse.

Here’s a headline that caught our attention: “Botulism Risk May Hide in Homemade Holiday Gift Baskets.” Botulism and Holiday gift baskets? Hmm… we could not immediately see the connection between the two. The article explained that with the economic downturn, people are finding creative ways to save money on gifts, and one way people are saving money is by purchasing cans and jars and making canned food items to give as gifts. The problem with this gift idea is that some people don’t know what they are doing and end up giving canned goods that actually end up harming the people who eat the contents. According to the article, three people required hospitalization after eating green beans that were inappropriately canned at home in 2009. A common source of food-borne botulism is in home canned foods that are low in acid, such as green beans, corn and beets.
The May Clinic states that botulism is a rare but serious condition caused by toxins from bacteria called Clostridium botulism and that food-borne botulism is harmful bacteria that thrive and produce the toxin. Also according to the Mayo Clinic, signs and symptoms of food-borne botulism typically begin between 12 and 36 hours after the toxin gets into your body and include difficulty swallowing or speaking; facial weakness on both sides of the face; blurred vision; drooping eyelids; trouble breathing; nausea; vomiting and abdominal cramps; paralysis. Anyone experiencing the above symptoms should seek medical care. Early treatment increases chances of survival and will help to alert public health authorities, who can help prevent people from eating contaminated food.
So be careful this holiday season and be cautious if you receive a gift basket with home canned foods. The holidays should be a time of joy, a time to celebrate good health, friendship and family. If you or a loved one fell ill due to improper food handling or packaging, either homemade or commercial, contact our firm. We have over 10 years experience fighting and winning product liability lawsuits. Please call our office if you have any questions regarding product liability law or if need help determining if you have a claim.

Muni has received the approval rating in almost a decade, according to the SF Examiner. Thousands of riders take Muni each day, and during the past year, they have been paying more and more while the agency has tried to fix its deficit. The price for a monthly pass has increased twice, from 45 to 70, while service has been slashed on many lines. Generally, passengers feel $70 dollars is too much money to pay for waiting for a bus for 45 minutes or ride buses that are overcrowded and/or unsafe. Consider, for example, the two incidents that happened on the N-Judah recently. On November 30th two suspects shoved a gun into the stomach of a Muni passenger and demanded money, punched him several times and stole his laptop. Then two days later on December 2nd, another passenger was terrorized by armed suspects while riding the N-Judah, whereby one of the suspects sat down next to the passenger and pulled out a knife and demanded his possessions. Some say that miserable service overshadows any breakthroughs the SFMTA accomplishes. Let’s hope the Muni rider with financial knowledge, investment experience—and, most likely, rider frustration—that Gavin Newsom has nominated will be able to serve Muni riders.
The folwoing are some common sense, safety tips you can take into account when you ride the bus. Think about sitting near the middle, near the door in case you need to exit ASAP. Also, don’t show off your new iPhone or iPod, or a new and expensive anything. Try substituting black earphones rather than wear the white iPod earphones, a signal to others you have one. Don’t cling to tight to your things, which gives you a fearful look and inevitably draws attention to you. Try to act casual, but stay vigilant and don’t look like an easy target. Avoid suspicious looking and crazy people. If you don’t feel safe, just get off and wait for the next bus or, if you are not too far from your destination, walk the rest of the way. And don’t forget that some drivers are not on your side, as they may ignore your being assaulted or even cause you to be injured by way of their own negligence. If you or a loved one was injured due to an incident or accident on a bus, please contact our firm today.

In July the U.S. House of Representatives passed H.R. 2749, and one week ago the senate passed the FDA Food Safety Modernization Act (S.510) by a vote of 73-25. Yet, the day after S. 510 passed in the Senate, the House of Representatives determined that, due to S. 510’s revenue provisions. Accordingly, the only way to fix this problem is through House action, and so the House is expected to introduce and act on a new bill, which then must be passed by the Senate. But the 111th Congress only has little time remaining, so it must act quickly.

Food safety affects all of us. The FDA is responsible for 80% of our food supply, yet they currently do not have the authorities or the resources they need to regularly inspect all the food production facilities under its jurisdiction. Government inspectors inspect facilities once every 8-10 years. The new legislation would increase the FDA’s inspection frequency on once every 5-7 years. Additionally, the new measure would require manufacturers and farmers to come up with strategies to prevent contamination and then continually test to make sure they are working. The bill would also give the FDA the authority needed to force companies to recall contaminated items, test widely for dangerous pathogens, and provide the resources and authority to prevent food safety problems.

These provisions really need to be passed if we plan to properly deal and keep up with both the global and domestic food demand and challenges expected to develop within the next few decades, as we have not seen any significant food safety legislation in 70 years. Each year thousands of people become ill and businesses spend billions of dollars as a result of lost sales, recalls, and legal expenses caused by tainted food. If you or a loved one became sick due to food contamination, please contact our firm for a free consultation.

After the September 9th gas line explosion in San Bruno that killed eight people and destroyed and damaged more than 50 homes, it makes sense that Pacific Gas and Electric Co.’s board of directors is hiring an independent consulting firm to review its natural gas transmission and distribution. According to Bloomberg,the spokesman for PG&E said the study is aimed at identifying best practices in the natural gas industry and steps the utility can take to provide confidence it’s following them. Consultants, from Process Performance Improvement Consultants, will assess the company’s safety practices and then recommend changes where appropriate. The firm also will examine new industry trends for gas line inspections, accident prevention, maintenance, capital planning and engineering. Once the review is complete, it will be overseen by independent members of the board and is expected to be completed by September of next year. The California Public Utilities Commission is also looking into the San Bruno Explosion and trying to determine exactly what caused it, and they have asked that PG&E reduce pressure in certain transmission pipelines by 10 percent, according to southsanfranciscopatch.com. During that time, PG&E will give $25 debit cards to customers who use less gas this month compared to average use at the same address for the past three Decembers. They will also offer a 20 percent credit on utility bills for customers who use 10 percent less gas than during those same months last year.
It goes without saying that even though the residents of San Bruno and the surrounding cities know that natural gas is highly needed during the winter months, they realize what is more important is that they comply with the request to use less, as natural gas is extremely dangerous and no one wants to live thru another accident. We all expect that PG&E properly installs and maintains their equipment, but as the explosion revealed, we can never assume that we are completely safe. The consequence of flawed or defective products and workmanship can be catastrophic explosions, which usually result in deaths and people being severely burned or disfigured. Here at the Brod Law Firm, we have successfully handled and won burn cases. If you or a loved fell victim to a natural gas explosion or burn injury, please contact our firm for a free consultation.

The laws regarding the handling of nursing home complaints may vary slightly by state, but most states have a policy requiring that investigation of nursing home complaints begin one to two weeks after they are filed. Individuals who file legitimate nursing home complaints have the right to be free from retaliation, to remain anonymous, to receive a response, and to accompany the investigator to the site if desired. According National Committee for the Prevention of Elder Abuse (NCPEA), a recent national study of Adult Protective Services (APS), there were 253,421 reports of abuse of adults age 60 or older. Considering the large amount of underreporting, the Senate Special Committee on Aging estimated has that as many as five million older Americans may be victims of abuse, neglect, and/or exploitation every year.

There is good news in California, however, regarding the development of ways to prevent elder
abuse and protect seniors. Specifically speaking, during 2010 new efforts were made at zeroing in and cracking down on the different types of abuse against elders. One such effort was the creation of a new software system to increase safety for domestic violence victims. The system, called the California Courts Protective Order Registry , will be used by the trial courts in all 58 counties and will help judges issue protective orders, including protective orders for elders. Another effort is being made by the California Department of Managed Care, which involves an investigation into insurance agents who defraud seniors by disenrolling them in Medicare-- without their knowledge-- and enrolling them in Medicare Advantage, a program where the federal government pays the premiums to the private insurer.

If your loved has been of elder abuse, please contact our office today. Or if you have questions regarding elder abuse law, please feel free to call us. Here at the Brod Law Firm we have over 10 years experience and a track record of successes in recovering compensation for personal injury victims.