San Diego Personal Injury Lawyer - All Topics - Most Popular

Pacific Law Center Accused of Unethical Activity

Randy Walton — Mon, 26 Nov 2007 01:29:39 GMT

If you listen to Padres games, or watch them on television, you're very familiar with the commercials of the Pacific Law Center. Heck, if you live in San Diego and have eyes or ears you know of this law firm, whose ads can be found all over San Diego County in phone books, newspapers, the radio, and television. Allegations are now surfacing that the law firm was not keeping the promises it makes in its ads.

The San Diego Union Tribune is reporting complaints by lawyers who worked at the Pacific Law Center as well as complaints by former clients of the firm.

Lawyers formerly employed by the firm have alleged in lawsuits and in sworn statements that Pacific Law Center uses unethical practices, such as allowing unlicensed clerks to sign up clients and give out legal advice. Two attorneys sued, claiming that they were fired after objecting to that.
Lawsuits filed by former Pacific Law Center attorneys depict a business where lawyers have caseloads so large that it is difficult for them to provide the kind of representation the firm advertises. Instead, they say, the emphasis is on settling cases as quickly as possible.
The Better Business Bureau, a business ethics and consumer protection agency, downgraded its rating of the firm from satisfactory to neutral after fielding 38 complaints over the past three years.
A judge ruled in June that the firm appeared to be "gouging" local taxpayers by seeking public funds to hire experts in two cases for which the firm already had collected thousands of dollars in fees from the clients.

Managing lawyers at the Pacific Law Center are defending their practice, and insist that they are providing adequate representation.

Robert Arentz, the managing partner, said that clerks act as fact gatherers and that no final agreement is ever signed without a lawyer first being brought in to talk to the clients. Arentz said all clients are told that the people they first speak to are not lawyers.
"We have a lot of attorneys and a lot of clients," Arentz said. "It's easy to find individuals who have individual complaints about their individual situation.

Saying that it has a "lot of attorneys and a lot of clients" doesn't show a lot of confidence in the firm. There are law firms all over the state, and many in San Diego, with far more lawyers than the Pacific Law Center that a free of the allegations made against this firm. It would be one thing if it were just complaints by former clients, but number of complaints by lawyers formerly employed by the firm is staggering.

Court documents, as well as interviews with nearly a dozen lawyers who left the firm but did not sue, describe tactics by "legal assistants" who are not lawyers, who raise clients' expectations about what can be accomplished to get them to hire the firm. "There were a significant number of clients who didn't get what they thought they bought," said Charles Luckman, who worked as a criminal defense lawyer there from March 2004 to August 2006. "The best analogy I can give you is it was a law firm run like a used-car dealership."
Luckman was one of three lawyers who sued after being fired last year. He reached a quick settlement with the firm, as did the other two lawyers.

Originally posted at InjuryBoard by Randy Walton

Been Treated Like Dirt by Allstate Insurance? Now We Know Why.

Walton Barber, LLP — Thu, 10 Apr 2008 16:10:37 GMT

Allstate Insurance has been telling its customers for years they are in "good hands." Little did they know that those hands were inside “boxing gloves."

This stunning article in the Herald Tribune is a must read for anyone who has Allstate Insurance. Last week Allstate Insurance posted online 150,000 pages of documents that reveal a national strategy on Allstate's part to force customers to accept lowball settlements or face years of litigation in court.

The documents describe a two-pronged strategy.

"First, the company evaluates claims with a computer program called “Goliath” designed to reduce payouts by as much as 20 percent of what the company once paid for the same injuries.

Second, Allstate pushes policyholders to accept quick settlements without the help of lawyers. Policyholders who try to fight for more money face Allstate attorneys coached to refuse to negotiate and to drag out litigation.

The approach often forces car accident victims to take what Allstate offers right away or spend years in court while their bills go unpaid -- a strategy Allstate spelled out in guidelines for claims adjusters that “force the claimant and attorney to think about the obstacles they must overcome ..."

Allstate wanted to change the culture of how claims are made. It knew that most lawyers will take a one-third fee, and that cases that are prolonged in litigation, thus more costly, would ruin the economics of hiring a lawyer. Conversely, lawyers who know litigating small cases for a long period of time for a small fee is not worth the effort and over time will quit taking those cases. The result is that people with legitimate claims, who are properly insured, are denied full justice because Allstate has a corporate policy to increase profits.

"The insurance company saw reduced payouts as a way to increase profits. Early on, consultants promised that driving down the "fair market value" of soft-tissue injuries, such as a fractured spine, chronic pain or limited mobility would generate profits "shareholders will notice." Combined with similar changes to Allstate's home insurance and collision programs, they predicted, the yearly gain could reach $1.1 billion."'

Get this, in a PowerPoint presentation, Allstate executives were advised to convince policy holders that they didn't need lawyers, and then target those who hired lawyers by delaying the payment of claims or forcing protracted litigation. According the article, Allstate wanted to "send a message to the market." Those who don't play the new game will get "boxing glove" treatment.

If you own Allstate stock, then all this low-balling, arm-twisting, and delaying of legitimate claimants probably doesn't bother you - Allstate's profits are up. If you're a claimant who is dealing with Allstate, well now you know why you’re being treated like dirt.

Originally posted at InjuryBoard by Walton Barber, LLP

Do Doctor's White Coat and Tie Cause Infection?

Randy Walton — Wed, 19 Sep 2007 17:36:45 GMT

It was reported, hospitals are banning neckties, long sleeves and jewellery in an effort to stop the spread of deadly hospital-borne infections. The campaign is aimed at ambulances, primary care, mental health and care trusts, and care homes and hospices.

In England, it was reported, hospitals are banning neckties, long sleeves and jewellery in an effort to stop the spread of deadly hospital-borne infections. Beginning in January 2008, doctors will have to wear plastic aprons instead of the traditional white coats as hospitals will have to comply with a new "bare below the elbows" dress code. The steps, which suggest that cuffs on white coats could be a means of spreading infection, also ban wrist watches and jewellery and aim to instigate a tougher regime of handwashing.

The aim is to stamp out the deadly infections plaguing the National Health system such as Clostridium difficile (C.Diff) and Methicillin-resistant Staphylococcus aureus (MRSA). MRSA is commonly found in American hospitals and nursing homes, and usually requires that the patient be isolated until the infection can be controlled.

Chief executives will be legally required to report all MRSA and C.difficile infections to medical authorities and will be fined if they fail to do so. Experts say that up to two-thirds of doctors do not wash their hands properly so a "clean your hands" campaign will be launched.

The campaign is aimed at ambulances, primary care, mental health and care trusts, and care homes and hospices.

For more information on this subject matter, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Randy Walton

Passenger in Commericial Truck Dies in I-805 Crash

Randy Walton — Fri, 21 Sep 2007 01:25:09 GMT

The San Diego Union Tribune has reported that a 37-year-old El Monte was killed when the big rig in which he was a passenger jack-knifed and crashed in the median of south Interstate 805. The driver, a 51-year-old San Bernardino man, suffered major personal injuries and was taken to a hospital.

Witnesses told officers that the big rig was in the No. 2 lane and went past their vehicle going faster than 70 mph. For unknown reasons, the truck veered left and into the center divider, then struck a pillar in the median, tearing the truck apart.

The impact caused pieces of the concrete to fly into the northbound lanes of the freeway and hit a vehicle, but no one in that vehicle was hurt. The CHP closed the No. 1 lane of south Interstate 805 for several hours while the crash was being investigated. The crash and investigation caused delays for drivers in both directions during the morning commute.

For more information on this subject matter, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Randy Walton

Medical Helicopter Accidents on the Rise

Walton Barber, LLP — Mon, 30 Jun 2008 19:48:38 GMT

The National Transportation Safety Board has expressed concern about a rash of accidents involving medical aircraft. Last weekend two medical helicopters collided in Arizona , killing six people, and severely injuring a nurse.

While we have always dealt with the occasional accident involving medical aircraft, we are in the midst of what is being described as a disturbing trend. There have been an increasing number of these types of accidents since the 1990s, and already this year there have been nine accidents involving emergency medical aircraft, causing the death of 16 people.

Why the increase? Experts believe it's caused by a number of factors, including the closing of emergency rooms in rural areas, an aging population, and simply the increase in numbers of medical helicopters, which have nearly doubled in the last ten years.

Walton Barber LLP is a San Diego County law firm representing individuals and families throughout San Diego County in matters involving personal injury, wrongful death, nursing home abuse and neglect, and real estate litigation.

Originally posted at InjuryBoard by Walton Barber, LLP

Big Rig Truck Crashes Through Backyard Fence Killing Man Cleaning Pool

Walton Barber, LLP — Tue, 15 Apr 2008 14:11:00 GMT

The driver of a big rig truck crashed through the backyard fence of an El Cajon home on Monday, killing the homeowner who was cleaning his pool. His 2-year-old daughter was standing nearby but avoided injury.

According to reports, the commercial truck traveling westbound on Dehesa Road when the driver of a minivan ran a red light on northbound Granite Hills driver and collided with the truck. The collision caused the truck to strike two other vehicles before plowing through the backyard fence.

The victim, Kevin Vicary, was cleaning his backyard pool at the time with his daughter nearby and his wife inside the home. He was reported to have been knocked into the pool by the truck, which also plunged into the water, spilling 80 gallons of diesel fuel into the water.

Questions remain as to exactly what happened, and why the big rig was unable to stop before hitting the back yard fence.

In addition to his wife and daughter, Mr. Vicary leaves behind two other children.

Originally posted at InjuryBoard by Walton Barber, LLP

Wrongful Death: Rash of Motorcycle Crashes Continues

Randy Walton — Sat, 13 Oct 2007 00:52:55 GMT

It is simply remarkable how many motorcycle accidents there have been in San Diego County in the last month or so. I have counted at least ten. Sadly, the most recent involved a fatality.

The San Diego Union has reported that 22-year-old Michael Duffy Jr. was killed in the Midway area. Apparently the Pacific Beach resident was riding along Sports Arena Boulevard when a sport utility vehicle pulled out in front of him. Duffy reportedly died at the scene.

Hopefully the Duffy family will get the answers they deserve following the tragic accident.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Randy Walton

Balboa Avenue Crash Seriously Injures Motorcyclist

Randy Walton — Wed, 28 Nov 2007 05:15:18 GMT

The driver of a motorcycle was seriously injured in a collision that has closed westbound lanes of Balboa Avenue from Mount Culebra Avenue to Mount Everest Boulevard in Clairemont.

San Diego police said a woman was driving east in a car on Balboa, started turning left onto Mount Culebra and was broadsided by the motorcyclist about 6:20 p.m.
The motorcyclist was believed to have suffered a major head injury and was taken to Sharp Memorial Hospital. The car driver was unhurt, but her 10-year-old daughter, a passenger in the back seat, was taken to a hospital with minor injuries.

According to reports, the road is likely to be closed for about two hours for an investigation.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Randy Walton

Drunk Drivers Take Toll on Passengers

Walton Barber, LLP — Thu, 12 Jun 2008 13:47:18 GMT

In two recent car accidents, the passengers in cars being driven by individuals under the influence of alcohol suffered more harm than the drunk driver.

In the Bay Ho area of San Diego, a drunk driver crashed into a parked car. His passenger suffered a broken neck and a torn ear, but the driver suffered only bumps and bruises.

In another accident last week, well know surfer Milton Willis was reported to be driving while intoxicated, and lost control of his speeding car in Del Mar, crashing into a parked car and a palm tree. Willis’s passenger, Bradley James Dillahunty, was killed on impact.

This seems to be an unfair reality when it comes to passengers in the cars of drunk drivers. The driver seems to survive will less injuries than those of the passengers. The passengers and their families need to know that even though they are in the car with an intoxicated driver, it is still the driver’s responsibility to operate the car safely. The driver is, and will be, liable for any injury to the passenger.

Originally posted at InjuryBoard by Walton Barber, LLP

Abuse of Antipsychotic Drugs Found in U.S. Nursing Homes

Randy Walton — Tue, 04 Dec 2007 19:35:27 GMT

Studies show that Medicaid spends more money on antipsychotic drugs for Americans than any other prescription drug. Why? Because nursing homes across the country are giving these powerful drugs to elderly residents for the purposes of "quieting" them.

The Wall Street Journal is reporting that nearly 30% of the total nursing home population is receiving antipsychotic drugs in a practice that is known as "off label" use of prescription drugs. It's no surprise to lawyers who practice this area that studies also reveal that nearly 21% of nursing facility residents being given these drugs do not have a psychosis diagnosis.

The growing off-label use of antipsychotic medicines in the elderly is coming under fire from regulators, academics, patient advocates and even some in the nursing-home industry.
"You walk into facilities where you see residents slumped over in their wheelchairs, their heads are hanging, and they're out of it, and that is unacceptable," says Christie Teigland, director of informatics research for the New York Association of Homes and Services for the Aging, a not-for-profit industry group. Her research, which she believes reflects national trends, shows that about one-third of dementia patients in New York's nursing homes are on antipsychotics; some facilities have rates as high as 60% to 70%. "These drugs are being given way too much to this frail elderly population," Dr. Teigland says.

Many Southern California nursing homes are committing the same offense. Here at Walton Barber we frequently get calls from families angry at nursing providers for over-medicating loved ones. It's usually a similar story. The family stops by the facility for a visit, only to find their loved one non-communicative and listless, and sometimes incontinent.

The Centers for Medicare & Medicaid -- the federal agency that oversees the two huge tax-funded insurance programs that cover the elderly and the poor -- has "initiated a more rigorous process to oversee appropriate use of medicine," says Chief Medical Officer Barry Straube. He says the number of nursing-home inspections that result in citations for violating drug-misuse rules has jumped by nearly 50% between 2004 and this year. Action is being taken and the increased vigilance is working, CMS says.
Dr. Straube says CMS -- which both funds and oversees nursing homes -- "is very concerned about the quality of care in nursing homes and has taken steps within its authority to discourage inappropriate use of all drugs, including psychotropic medications."
High use of antipsychotics in a nursing home can be an indicator of inadequate staffing, says Bruce Pollock, president-elect of the American Association of Geriatric Psychiatry. "We know the more staffing there is and the higher quality of care, the less the antipsychotic usage," he says.

If you have concerns that someone you know is being over-medicated contact the resident's primary physician immediately. If the use of the medication has caused harm, you may also want to consult an attorney.

For more information on this subject, please refer to the section on Drugs, Medical Devices and Implants.

Originally posted at InjuryBoard by Randy Walton