San Diego Personal Injury Lawyer

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.

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.

Battle Against Bedsores Requires Teamwork

Walton Barber, LLP — Tue, 19 Feb 2008 23:42:24 GMT

New research shows that preventing and treating pressure ulcers in the nursing home setting requires a team approach, involving nurses, laundry workers, cafeteria and maintenance workers, and even the cosmeticians.

Large bedsores are a sight to behold. The larger ones - Stage III and IV - can result in a wound so deep that you can see the bone. Wounds like this can be very painful and can lead to serious and lethal infections, such as the one that killed Christopher Reeves.

It is estimated that a least two million Americans suffer from bedsores every year, most caused by poor nutrition, dehydration, immobility, and/or incontinence. A new study, however, suggests that using a team approach to the battle against pressure ulcers can greatly reduce the numbers.

In a study of a collaborative program involving 52 nursing homes around the country, The Journal of the American Geriatrics Society reported last August that team efforts had reduced the number of severe pressure ulcers acquired in-house by 69 percent.
"Preventing pressure ulcers is a 24/7/365 kind of job," said Jeff West, a clinical reviewer at Qualis Health in Seattle, who helped to set up the collaborative in 2003. "It's not as if one person can get it all done. And if it fails just a little bit, just during the weekends, for instance, you're not going to get the results. It takes tremendous consistency."

Nursing homes are enlisting every department that can help play a role. The laundry workers look for ill-fitting clothes, the kitchen staff boost nutrition of those at risk, even the hair salon can help by repositioning the resident if sitting for too long.

According to West, the changes need to become hard-wired into the organization. "A lot of places do well when they have a lot of support," he said. "But it's hard to keep that momentum going. That's the real challenge."

Over 2000 Dog Bites in San Diego County Last Year

Walton Barber, LLP — Thu, 31 Jan 2008 18:41:52 GMT

Walton Barber recently represented an elderly woman who was attacked by two bulldogs while walking in her condominium complex. It was a terrible scene. She was knocked down by the dogs, who were able to bite deep into her arms, breaking one of them, before neighbors were able to come to her rescue.

In that case, the local San Diego County Department of Animal Control got involved, and after an investigation adjudicated the dogs as "dangerous." This was a total shock to the owners, who, like the ownes in all our dog bite cases, testified that their dogs were not vicious, and had never exhibited any behavior before the attack that we indicate the dogs would commit such a vicious offense.

The "dangerous" label imposed by the County place a number of restrictions on the owners if they wanted to keep the animals, including a requirement that the dogs are muzzled at all times when taken off the property. In this recent case, the owners felt the risk was too high and chose to have the dogs euthanized. It was a sad story all around.

According to the statistics there are a lot of irresponsible dog owners in San Diego County. According to the Animal Control there were 2,277 dog bites last year, but the actual numbers could be double that as most bites occur on people who know the dog's owner personally and don't file a report. Despite the large number of bites, only 17 were euthanized because of dangerous behavior.

The Animal Control offers the following dog safety tips:
Do not approach or play with an unfamiliar dog.
Do not run from a dog or scream. Remain motionless.
If knocked over by a dog, roll into a ball, lie still and cover head and face.
Do not disturb a dog that is sleeping, eating or caring for puppies.
Disregard stereotypes about dangerous breeds; the county's dangerous dogs list include Chihuahuas and golden retrievers.

Five Dead After Planes Collide in Southern California

Jenny Albano — Tue, 22 Jan 2008 02:25:06 GMT

On Sunday, January 20, two small planes collided in Southern California killing five people, four from the planes and one bystander on the ground.

The planes crashed at approximately 3:35 PM, about a mile from the Corona Municipal Airport, raining debris all over the car dealership below.

Two people were killed from each plane, and a fifth was killed inside a Chevy dealership hit by wreckage, said Wayne Pollack of the National Transportation Safety Board. "There were bodies falling out of the sky," eyewitness Hector Hernandez told KCBS-TV. "One of them crashed into the top of a Ford Mustang, and another one fell not too far behind that one on the parking lot."

Investigators have been unable to make their way through the debris from one of the planes, so they do not know how many passengers the aircraft was carrying. Pieces of the plane landed all over the parking lot of a car dealership and landed on top of the cars. The debris was mostly contained to a 300 yard perimeter, but some debris was found up to 1,000 yards away.

One of the planes involved in the crash is registered to William A. Reinke. Reinke declined to say who was flying his plane or who was on board.

Federal Aviation Administration spokesman Allen Kenitzer did not immediately know where either plane was headed or whether there were any distress calls. The Corona airport does not have a staffed control tower.

For more information on this subject, please refer to our section on Mass Transit Accidents.

Nursing Home Citations Up 22% Nationwide

Randy Walton — Thu, 20 Dec 2007 23:44:20 GMT

Recent studies show that citations for serious violations issued against nursing homes is up 22% nationwide.

A USA Today analysis, examining records from the Centers for Medicare and Medicaid, shows that from 2000 through 2006, the number of citations for putting patients in "immediate jeopardy" had increased 22%. Those citations are considered the most serious and often follow cases in which patients were physically or sexually abused or left without medications.

Inspectors found nearly 2,000 violations last year that jeopardized patients at nearly 850 of the nation's 16,000 nursing homes, according to the records. They account for about 6% of the total violations uncovered in nursing homes.
New York issued 131 immediate jeopardy citations last year, up from 41 in 2000. This year it cited one home for not stopping two elderly patients from hitting others, and another for not doing enough to check on patients who fell down, a common source of nursing home injuries.
"We have a new mind-set," said Jeffrey Hammond of the New York health department. "It's not that the quality of care has gone down, but we are being more rigorous in our enforcement."

As expected, the industry is nonplussed. The CEO of the American Health Care Association said in a statement that care is improving despite the increase in serious citations. Figure that one out.

Older Motorcycle Riders, More Motorcycle Accidents

Randy Walton — Mon, 10 Dec 2007 18:52:39 GMT

They say that 40 is the new 20, and 60 the new 40 (does that mean 50 is the new 30?), and now there is some discouraging evidence to prove it. Baby boomers are buying - and crashing - motorcycles in greater numbers.

According to trauma surgeon Thomas Velky of Escondido, hospitals around the country are treating a growing number of baby boomers for injuries related to motorcycle accidents.

Traditionally, motorcycle casualties mostly involved men barely out of high school, Velky said. But the demographics have been graying over the years.
In 1997, for example, 19 percent of motorcyclists killed in the United States were ages 40 to 49. The figure had risen to 23 percent last year, according to the National Highway Traffic Safety Administration. For the 50-to-59 age group, the total was 10 percent in 1997 and 18 percent last year. In the 59-plus category, the figure was 4 percent in 1997 and 7 percent in 2006.

Locally, nearly half of all motorcycle accident victims treated at Palomar Medical Center in San Diego County in 2006 were over the age of 40, and this year 250 motorcycle crash patients seen at the hospital were over 40.

The statistics support the evidence. In 1985 the median age of a motorcycle owner was 27. By 2003 it was 41. The reasons for the rise in median age vary, and are attributed to the disposable income of boomers, and the social aspect of riding a motorcycle. Whatever the reason, it goes without saying that those who have breached the age of 40 are less able to handle the today's more powerful bikes, and less able to heal from serious injury.

Those of us in San Diego County don't need to be trauma surgeons to notice the trend. Every weekend we see the packs of "grey goatees" cruising up the freeway or down the coast on their shiny Harleys.

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

Abuse of Antipsychotic Drugs Found in U.S. Nursing Homes(2)

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.

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

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

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.

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.

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

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.