San Francisco Injury Lawyer Blog

New Tool Aims to Prevent Nursing Home Abuse

August 24, 2012 | Gregory J. Brod

As a personal injury law office, our team hears many sad stories. We deal with a wide range of cases from car accidents to premises liability claims. However, all of our clients share the common tie of having gone through a life-altering tragedy. We are proud to serve these victims on a daily basis but their stories never cease to draw our compassion. Some of the most disturbing cases stem from Attorney Brod’s work as a leading San Francisco and Oakland nursing home abuse lawyer. These cases involve a population that have earned the right to respect and the very best care but who all too often find themselves the victims of mistreatment and abuse.

The Oakland Tribune reported this week on a new tool aimed at helping people make informed decisions when it comes to placing a loved one in a senior care facility. The report began with local stories of mistreatment including a woman mocked by employees at a San Jose nursing home and another resident who reported having family photos removed from the room by the owner of an Oakland facility. According to the report, these are just a small example of the information now available in a new online search tool. The database is maintained by ProPublica, a non-profit group focused on investigative journalism, and provides users access to inspection reports for nursing homes nationwide. Reports detail 118,000 problems at 14,565 care centers, information stemming from the U.S. Centers for Medicare and Medicaid Services (CMS). Pat McGinnis, the executive director for California Advocated for Nursing Home Reform, praises the tool for allowing consumers to see information about the quality of care at facilities they are considering for a loved one. CMS did start posting the information online this year, but the ProPublica site is more readily searchable. Previously, it took a visit to the facility, a trip to a government agency, or the use of a Freedom of Information Act request to view the CMS reports.

Representative of the nursing home industry suggest that the tool gives a skewed, limited picture of care. One spokesperson, Deborah Pacyna from the California Association of Health Facilities, noted the inspection reports do not contain information on overall resident satisfaction or positive programs at the facility. She advised consumers focus more on information about staffing and resident health available through the Medicare website. McGinnis did not disagree that other information is important, suggesting the new report database is only one of the factors that a family should use when deciding which facility is right for a loved one.

FDA Issues a Second Warning about the Dietary Supplement Reumofan

August 23, 2012 | Gregory J. Brod

Puprle%20pills.jpg On June 1, 2012 the Federal Drug Administration (FDA) issued a warning to consumers against the use of the self- proclaimed dietary supplement Reumofan Plus and Reumofan Plus Premium. Reumofan Plus is manufactured in Mexico by Riger Natural. The label on its packaging is in Spanish but may be available with English labeling as well. Reumofan purports to relieve arthritis, rheumatism, and osteoporosis. It also claims to assist in preventing bone cancer. In actuality, ongoing lab tests conducted by the FDA show that the supplement potentially causes bone and muscle injuries. After receiving reports of liver injury, problems with kidney function, and irregular blood sugar levels the FDA started working with the Mexican Ministry of Health, which issued a recall of the product.

Since June 1, the FDA has received additional reports of injury related to the use of Reumofan, including severe bleeding, stroke, and even death. Consequently, it issued a second warning about Reumofan on August 21, 2012. Multiple lab tests on samples of the composition of the product found three types of prescription drugs, despite the label’s assertion that Reumofan uses 100% natural ingredients.

The prescription ingredients found in Reumofan are diclofenac sodium, methocarbamol , and dexamethasone. Each of these prescription drugs has serious risks and possible side effects. Diclofenac sodium is an anti-inflammatory that increases the risk of heart attack and stroke. It may also cause bleeding, ulceration, and fatal perforation of the stomach and intestines. Metocarbamol is a muscle relaxant that may cause sedation, dizziness, and low blood pressure, making it unsafe to operate vehicles or machinery. Dexamethasone may cause the most adverse symptoms. It can impair the immune system’s ability to fight off infection, cause high blood sugar levels, bone and muscle injuries, and even psychiatric problems. If dexamethasone is taken for long periods or at high doses, it may also cause problems with kidney function.

Furthermore, dexamethasone is a corticosteroid, and sudden discontinuation of corticosteroids after prolonged use can cause withdrawal symptoms. These symptoms include fatigue, nausea, low blood pressure, low blood sugar, fever, dizziness, and muscle and joint pain. Elizabeth Miller, Pharm.D. and acting director of the FDA’s Division of Non-Prescription Drugs and Health Fraud recommends that anyone who recently took Reumofan consult with a doctor to see whether they should taper off Reumofan to avoid withdrawal symptoms.

The undeclared drugs in Reumofan can react badly with other prescription drugs and therefore put consumers who are taking medication at even more risk.

The FDA has been working to identify other dangerous dietary supplements. In June, 2012 the Chicago Tribune reported that the FDA has inspected about 450 facilities that make dietary supplements in the last four years. The FDA found manufacturing violations in over half of those facilities. Violations range from unsanitary conditions to failing to verify all of the ingredients in a dietary supplement. The FDA sent warning letters to one in four of the inspected plants for serious violations.

The Chicago Tribune also reported this month about Shengyang Zhou who was sentenced to 87 months in prison for manufacturing and selling dietary supplements laced with pharmaceutical drugs that sickened consumers looking for bargain prices on diet drugs. He made the drugs in a plant in China and then smuggled them into the United States and sold them on internet sites like Ebay. According to the article, since 2008 the FDA has announced warnings on about 400 different dietary supplements containing undeclared pharmaceuticals.

Consumers should take heed of FDA announcements and carefully consider their current regimen of medication when thinking of introducing a supplement into their diet. Always research non-regulated products carefully and consult a doctor if there is any question.
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Protecting the Health of Student Athletes in Northern California

August 22, 2012 | Gregory J. Brod

Sports can be a terrific addition to a young person’s life. Playing builds confidence and leadership skills while boosting physical activity, a key element to a healthy childhood and a healthy life. Our firm is filled with parents and community members who are proud to support youth and school teams throughout our region. However, as your Sacramento sports injury law firm, we also know that safety is essential. Playing is often much more physical than it was even a generation ago and some young athletes are pushed beyond their limits by involvement in multiple sports and teams at both the school and community level.

One important measure designed to ensure the health and safety of our young athletes is the requirement of an annual physical. A disturbing report in The Sacramento Bee has uncovered allegations that a representative at a local district skimped on this key safety step. Officials at Twin Rivers Unified School District are looking into allegations that an unauthorized employee at Foothill High School conducted student athlete’s sports physicals, charging a fee for the service. All student athletes are required to undergo a physical performed by a medical doctor, nurse practitioner, physician’s assistant, or doctor of osteopathy. According to allegations, the unidentified employee signed physical forms for approximately fifteen students after only a limited examination. Tom Janis, the district’s Assistant Superintendent, said that Twin Rivers learned of the allegations late last week. He noted that the allegations could endanger the lives of student athletes. Parents of the students involved in the physicals have been contacted and the district is issuing refunds. The school district’s Police Department is also investigating the allegations and Janis said the district will seek disciplinary action if the claims are proven.

California law takes student safety very seriously. As we previously reported on this blog, a new law took effect in January that required school personnel to be alert for concussions in student athletes. When a concussion is suspected, schools must keep the player out of practices and games until a licensed medical provider issues a written clearance. This legislation followed a significant rise in the number of young athletes suffering from concussions, a problem that is not limited to football players and that can impact both male and female athletes.

Bumbo Recalls Baby Seats for the Second Time

August 21, 2012 | Gregory J. Brod

Bumbo%20sticker.jpg Bumbo International and the U.S. Consumer Product Safety Commission (CPSC) announced a voluntary recall of Bumbo baby seats on August 15. The Bumbo baby seat is sold at major retail stores, such as Walmart, Toys R Us, and Target. The recall follows at least 50 reports of children falling out of the baby seat during use on a raised surface. The same baby seats were recalled in October 2007 after 28 reports came in to the CPSC that babies arched and wiggled their way out of the seats and fell out. Three of these incidents resulted in skull fractures. Bumbo recalled the seats and added a label on the seats warning against use on raised surfaces. Since 2007, there have been nineteen other reports of skull fractures in babies that maneuvered out of the seat and at least 34 reports of other injuries.

Bumbo is issuing a free repair kit to consumer who bought the baby seat.The repair kit includes a restraint belt with installation instructions and an additional warning sticker. The sticker admonishes consumers to use the restraint belt at all times and to supervise the baby constantly while using the seat. It warns against using the seat on raised surfaces such as beds or chairs and against using it the seat as a booster or to carry a baby. More information on ordering a free repair kit is available on Bumbo’s website.

Bumbo is vulnerable to lawsuits for product liability. According to California Civil Jury Instructions section 1204, in order to bring a products liability case against a defendant, a plaintiff must prove:

the defendant sells the product
the product was defective at the time it was sold or that any changes made to the product were reasonably foreseeable
the plaintiff suffered injury
the product caused the injury.

In California, the defendant does not need to have previous knowledge that the product was defective to be liable for it.
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Advice from Northern California Injury Lawyer on Responding to Chemical or Other Toxic Exposure

August 20, 2012 | Gregory J. Brod

At The Brod Law Firm, we continue to speak with victims of the Richmond refinery fire on August 6, 2012. We are able to help those who have already contacted Chevron only to find they were offered a grossly inadequate amount of compensation as well as those who have not yet sought damages. If the fire caused you or your family health problems, you have a right to be compensated. We can fight for those present at the plant itself as well as those in the surrounding region who fell ill after the cloud of hazardous chemicals enveloped the neighboring communities.

History shows us that it is a matter of when the next toxic chemical exposure occurs, not a matter of “if” it will. The Chevron plant has seen several disasters in recent years. It is, of course, not the only potential source of toxic chemical exposure in the Northern California region. Asserting your right to compensation, no matter how apologetic a company may appear in the wake of an accident, is an important part of reminding companies that they are accountable for their actions and need to prioritize safety over profits. Bringing a claim is one way to help prevent companies from side-stepping public safety.

It is also important that people be prepared to react when a toxic chemical leak or similar disaster occurs. One alert you may hear in the immediate wake of an incident is a “shelter in place” alert. This can impact a single building, such as an industrial workplace, or an entire community. According to the American Red Cross, this order can follow either an accidental or intentional release of chemical, biological, or radioactive contaminants. The order seeks to keep the public safe while remaining indoors. Upon hearing the recommendation, you should look for a small, interior room, preferably with no windows. You do not need to fully seal off your home, but you should close windows and doors and shut off airflow systems. In case of a chemical concern, an above-ground room is preferable since some chemicals are heavier than air and could potentially seep into a basement location.

Wildfires and Your Homeowner’s Insurance Policy

August 18, 2012 | Gregory J. Brod

Our California insurance attorneys noticed a story about the problems residents in the mountainous regions of our state are having with homeowner’s insurance. Many consumers are worried because insurance companies, such as Allstate, are not renewing policies for homes located in areas designated as at risk for wildfires and are also refusing to issue new policies to new homeowners in these areas. There are over 160 insurance companies that sell homeowner’s insurance in California, but Allstate, State Farm and Farmers control over half the insurance market.

This comes after a decade of severe and damaging wildfires in southern California, and the insurance companies are, as always, more concerned about profits and shareholders than their hard working California customers. Since 2000, about 1,000 homes per year have been destroyed in southern California. Just this month, wildfires burned 1,800 acres across the southern part of the state in the foothills of the San Jacinto Mountains, getting very close to the San Bernardino National Forest. At least three structures, including one home, were destroyed in this most recent blaze. At least nine more homes were evacuated as a precaution. In a nearby area south of Riverside County, fires started by lightning have burned another 2,300 acres in San Diego County. Hundreds of firefighters are tied up trying to control these fast moving and destructive wildfires.

Due to these catastrophic numbers, insurance companies have been looking closely at properties to insure. In cases where the home is in a steep area or accessible by only one road in and out or with limited turnaround access for emergency vehicles, and particularly areas at high risk for wildfires, insurance companies have increasingly made it difficult to renew existing policies or find comparable policies for new houses.

Truck Carrying Crane Crashes Overpass, May Have Lacked Necessary Permits

August 17, 2012 | Gregory J. Brod

While it is often a necessity and an unavoidable part of construction projects, transporting large construction equipment is fraught with danger. Drivers should be able to trust that companies will take safety seriously, respecting the rest of those travelling on our roadways. Our Oakland heavy equipment accident lawyer is committed to helping those injured when companies fail to live up to their responsibility to California citizens.

On Wednesday morning, a truck transporting a large crane collided with an overpass just south of San Pablo Dam Road on Interstate 80. As reported by the Oakland Tribune, the collision occurred around 8:30 A.M. when the crane crashed into a traffic signal and light pole before ripping into the concrete underneath a pedestrian overpass. It took crews more than an hour to clean up pieces of concrete that blocked two of the lanes on Interstate 80 westbound, backing traffic up as far as the Hilltop Drive exit in Richmond. Lane closures lasted more than eight hours. After the crash, structural engineers inspected the overpass and repair crews used plywood to reinforce the four foot-long portion of damaged roadway and prevent additional debris from tumbling onto the road. Crews also made repairs to the road surface that was damaged by the fallen pieces of concrete. Engineers need to evaluate the need for longer-term repairs, with the pedestrian overpass remaining closed until further study is concluded.

Sam Morgan, a spokesman from the California Highway Patrol, told reporters that the trucking company may not have held the permits necessary for transporting the crane. In order to transport a load taller than fourteen feet, trucking companies must obtain a special permit and use a preapproved travel route. According to Morgan, Pio’s Trucking, the El Sobrante based company responsible for transporting the crane, did not follow the requirements despite the fact that the rig carrying the crane measured about seventeen feet from the ground at its highest point. CHP will continue their investigation and then turn the findings over to Caltrans. The company may face fines and be ordered to pay the cost of the road repairs if the official findings confirm they failed to get the needed permits. The Tribune reported that a representative who answered the phone at Pio’s Trucking confirmed the company’s involvement in the accident but failed to comment further.

San Francisco Lawyer Comments on Taxi Accident Law After Pedestrian Dies in Cab Collision

August 15, 2012 | Gregory J. Brod

Taxis can be a terrific convenience, especially for those not well-served by other mass transit options. They can also be an important safety resource when people opt to call a cab rather than getting behind the wheel after drinking. Cabs also have a notorious reputation for weaving in and out of traffic or speeding in order to maximize profits, putting passengers and bystanders at risk. Our San Francisco taxi accident law firm knows that many drivers do value safety, but also has the experience necessary to understand some of the unique complexities that arise when a collision involves a taxicab.

According to The San Francisco Chronicle, an accident involving a taxi recently claimed a life in the city’s Tenderloin district. A spokesman for the police department said that thirty-eight year old Edmund Capalla was crossing at the intersection of Eddy and Larkin Streets around 7 P.M. on Saturday evening. Reports indicate that a taxi ran a red light and collided with another car that was entering the intersection, causing the cab to spin and then hit the pedestrian. Emergency personnel transported Capalla to San Francisco General Hospital where he later died as a result of injuries incurred in the crash. Police are continuing to investigate the incident and will then share the results with the District Attorney’s office. The prosecutors will then decide whether to file criminal charges against the taxi driver.

Cab accidents can involve the same problems of driver carelessness or inattention that factor into any automobile collision. However, they also pose some unique legal issues. When taxi drivers own and operate their own cabs, a driver is typically solely responsible for damages. However, many drivers either rent their cars from a taxi company or operate as a company employee. In such cases, the company or its insurance carrier may be held liable for the driver’s actions. In addition to general employment law issues, evidence of company policies that encourage lax safety standards can be an added factor. A poorly maintained fleet is another potential aggravating factor in taxi accident liability.

Chevron’s claim process from Richmond Fire does not appear to adequately compensate victims

August 13, 2012 | Gregory J. Brod

Chevron is accepting claims for people who have been injured as a result of the fire at its Richmond, California facility on August 6, 2012. According to Chevron, victims will be compensated for “out-of-pocket medical expenses related to the fire” Furthermore, Chevron is requiring victims to have received initial medical treatment by August 17, 2012 in order to be considered in their claims process.

First, in California, there is a two-year statute of limitations in which a person must file a lawsuit for personal injuries or wrongful death. California Code of Civil Procedure § 335.1. Victims of this event need to be aware of their legal rights, despite what Chevron says, or what artificial timeline Chevron attempts to create regarding compensating its victims. Based upon Chevron’s statement that it will pay for out-of-pocket medical expenses only, it appears that Chevron has no intention of compensating victims for what they are fully entitled to under California law.

Under California law, an injured person is entitled to seek economic damages, as well as non-economic damages. CACI (Judicial Council of California Civil Jury Instructions) Jury Instruction 3902. Items of economic damages can include past and future medical expenses, the cost of medical monitoring in the case of toxic exposure, past and future lost earnings. CACI 3903A, 3903B, 3903C. In addition, the items of non-economic damage an injured person is entitled to be compensated for include physical pain, mental distress, emotional distress, fright, anxiety and worry. CACI 3905A. Chevron appears to be offering some victims the cost of past medical expenses, only. Plus, Chevron apparently expects all medical treatment to be complete within two weeks of the fire incident. This is completely inadequate. Many of the victims of the Chevron fire in Richmond will need future medical care, and though they would be entitled to recover damages for those expenses under California law, Chevron is not recognizing future medical costs in their current claims process. Most importantly, Chevron does not appear to recognize the right of its victims to recover for non-economic damages, the value of which may easily exceed to cost of medical expenses.

The Complex Relationship Between a City and a Company

August 13, 2012 | Gregory J. Brod

Last week’s Richmond refinery accident brought to the forefront the often complex relationship that can exist between a large industrial corporation and the community surrounding it. As a law firm dedicated to serving the citizens of Northern California, we know that companies like Chevron are vital to our area’s economy. We also believe that all companies, especially those in the oil and gas industry, take seriously the responsibility to protect the health and well-being of our communities and should work to prevent toxic accidents. The issue is by no means unique to this company and this town – corporate responsibility is a topic of national concern and it is important that the legal system help hold companies accountable for their impact on the environment and the public health consequences of toxic chemicals.

This weekend, The San Francisco Chronicle carried an interesting report focused on the relationship between Richmond and the Chevron refinery. The relationship has long-standing roots with the plant actually pre-dating the 1905 founding of the city by three years. In past years, a previously tight relationship has grown increasingly strained with a number of fires adding to the tension. Some residents believe that day-to-day pollution from the refinery is responsible for a number of health problems. One 2011 study found that nearly one of every three Richmond children suffer from asthma, compared to about one in ten nationwide. After last week’s fire released a thick cloud of black smoke over the city, many residents attended a community meeting with plant management and some called for the refinery to shut down.

However, both residents and city officials recognize the plant is vital to the local economy. Approximately twenty percent of Northern California’s gasoline comes from Chevron’s Richmond refinery. At peak capacity, the plant can process 257,000 barrels of crude per day. The refinery is the largest employer in Richmond, accounting for approximately 2,700 jobs including those at the neighboring Chevron Technology Center (although only seven percent reside in the city itself). As with any large employer, the plant also helps generate other business including restaurant traffic and short-term contract work. The refinery is also the biggest source of taxes for the city, with approximately one-third of the city’s general fund budget coming from taxes and fees related to the Chevron operation. Still, the company and the city have long fought over tax matters. City officials have accused the company of nickel-and-diming them, with Chevron firing back with claims that the city is hostile to business.