Akron Personal Injury Lawyer - Wrongful Death

Medical Malpractice Suit Seeks $1.5 Million Against Ohio Doctor

Chrissie Cole — Fri, 29 May 2009 12:05:00 GMT

Dr. Stejpan Gardilcic and Urology Associates of North Central Ohio Inc. are being sued for $1.5 million by the son of a man, 84, who died in 2007.

The medical malpractice lawsuit, filed earlier this month alleges the defendants treated Joseph Gleisinger up until the time of his death but failed to diagnose or treat his prostate cancer.

A response to the suit, filed in court by attorney Donald J. Moracz, requests a jury trial. Gleisinger was a patient in March 2002 and also from 2006 through September 25, 2007. They deny allegations.

Moracz contends that any harm incurred by Gleisinger was caused by third parties. The response also states the court filing fails to meet the requirements for a medical malpractice claim, because it failed to include a physician’s affidavit of merit.

Gleisinger's death certificate listed several causes of death, including a severe form of pneumonia, acute respiratory failure, congestive heart failure and medistatic stage four prostate cancer. The document also listed immuno compromised state dementia under "other conditions" related to his death, according to the Mansfield/Ontario/Richland County Health Department.

Originally posted at InjuryBoard by Chrissie Cole

Wife Awarded $3 Million for Wrongful Death of Husband

Jenny Albano — Fri, 18 Jan 2008 17:03:41 GMT

This week, a Portage County jury awarded a mourning wife $3 million for her husband's wrongful death. Wanda Hizer received $2 million in compensatory damages and $1 million in punitive damages after her husband, James Hizer, died at a Streetsboro steel-cutting company.

Hizer died while working the midnight shift alone in March 2005. He became trapped in one of the machines and suffocated. Hizer had recently been laid off from his previous job as a computer technician, but because he was 58 had a difficult time finding a new job. He took the job with Artisan Industries Inc. as a last resort to pay the bills.

While working the night shift Hizer was operating a laser cutting machine. When a sheet of steel becomes shifted in the machine a worker has to go inside the machine and straighten it.

It was while performing this task that Hizer became trapped, his chest pinned against a part of the machine. He died of compressional asphyxiation and was found that morning by co-workers; the crooked sheet of steel was still inside the machine. An attorney for Artisan's, Steve Chuparkoff, said the company has not decided whether to appeal the verdict.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Jenny Albano

Quong Hop & Co. Tofu Recall Expanded - Listeria Discovery

Courtney Mills — Wed, 03 Oct 2007 17:03:55 GMT

Quong Hop & Co. of San Francisco, California is expanding its recall of tofu products due to the discovery of contamination with Listeria monocytogenes. The recall has been expanded due to discovery of Listeria bacteria during sampling in three of the company's twenty-nine tofu product lines.

While Listeria may present only minor discomfort to healthy adults, children, the elderly, and immunosuppressed individuals can suffer severe and even fatal infections in some cases. Symptoms typical of a Listeria infection include fever, muscle pains, stiffness, and diarrhea.

Listeria can also cause serious problems such as stillbirths and miscarriages in pregnant women. According to the FDA, there have been no reports of any illness from Quong Hop & Co. tofu product.

For a list of the expanded recall, please see the FDA recall page.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills

Worker Killed in Casting Machine Accident

Jenny Albano — Tue, 21 Aug 2007 01:51:26 GMT

Matthew Salisbury, an employee of Brush Wellman Engineered Products, was crushed to death Sunday night in a casting machine. According to another employee, the machine broke down and Salisbury entered it to try and fix the problem. While he was trying to unclog the machine he became pinned and was crushed to death; another employee turned off the air compressor that powered the machinery, but it was too late. Salisbury was pronounced dead at the scene following the accident.

According to the medical examiner, he died of acute trauma and the injuries were "obvious and fatal".

According to Brush Wellman spokesman Patrick Carpenter, there have been no prior deaths since the factory at 7375 Industrial Parkway opened a decade ago. The factory produces specialty alloys used by other companies to make bearings and other components for commercial aircraft and parts used in oil rigs and underwater oil production.

The U.S. Occupational Safety and Health Administration's Toledo office said it will be investigating the accident.

For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

Originally posted at InjuryBoard by Jenny Albano

U.S. Supreme Court Refuses to Hear Toxic Exposure Death Case

Jack Landskroner — Wed, 06 Jun 2007 09:30:50 GMT

The widow of a leukemia victim failed to persuade the Supreme Court Monday to consider allowing her to sue oil companies over her husband's exposure to a toxic chemical which eventually resulted in his death.

The decision not to accept this case will have severe repercussions to workers across the state of Alabama where the original claim was brought. In essence, the Supreme Court has slammed the doors of the courthouse shut for those workers in the state who are knowingly exposed to hazardous chemicals in the workplace by their employers and other third parties, but who do not develop disease until after 2 years from the time of the exposure.

Advocates for consumer rights petitioned the court on behalf of the Clines to hear the case in order to right the injustice affirmed by the Alabama Supreme Court when it failed to overturn the dismissal of Cline's claims under a restrictive Alabama statute. Cline was exposed to the chemical Benzene while at work which is recognized as a carcinogen. The Clines Attorneys, including the PUBLIC JUSTICE law firm argued that the Alabama Supreme Court violated the constitutional rights of countless toxic tort victims in Alabama when it denied them the right to sue for their injuries.

The decision dismissing Cline's case has be described as Kafkaesque, i.e. Cline was exposed to a chemical but by statute was precluded from bringing a claim until he could prove an injury. Thereafter, when he developed cancer, he was precluded from bringing a claim because he did not develop disease until two years after the exposure barring him under the state's statute of limitations.

At bottom, the decision by the US Supreme Court not to hear this case serves as a direct assault on workers of this country shielding companies from lawsuits no matter how negligently, recklessly or dishonestly they act.

Originally posted at InjuryBoard by Jack Landskroner

Loyalty of Hoover Employees Lost on Company

Jack Landskroner — Wed, 04 Apr 2007 03:14:01 GMT

When clients and their families call my office seeking representation after a catastrophic workplace injury, whether it be a head injury or even a wrongful death claim, the call is often predicated with the statement: " we are not the type of family that sues." I am always puzzled by this predicate statement because in essence it suggests the clients are the type of people to let someone else walk all over their rights.

The stigma associated with bringing a lawsuit to enforce the law or protect ones rights is a creation of big business and the insurance industry. Ironically, big business and insurance companies have no hesitation in hiring high priced lawyers at astronomical hourly rates to sue to enforce their rights. In the end, the average person in many instances lets the powerful take advantage of them foregoing their day in court and the opportunity to hold the wealthy wrongdoer accountable for harmful conduct.

I suppose the hope is that the company will do the right thing and take responsibility for and care of their injured workers that have given their lives to the company. Unfortunately, that is rarely the case. As an example, this week Hoover Company, recently purchased by Techtronic's, made an announcement that it will consolidate most Stark County operations to plants in Mexico and Texas. The North Canton factory operations will be phased out no later than September.

While there are about 1,000 Hoover jobs now in North Canton, the final number will be between 150 and 175 in Stark County, the company said. Some jobs will be shifted to Glenwillow in Cuyahoga County, the new Northeast Ohio headquarters for Techtronic's floor-care division. A small work force will remain behind at the Jackson Township distribution center and the bag plant in Canton.

Years of loyalty of Hoover employees and their families to this company has produced no loyalty of the company to the employees.

U.S. Sen. Sherrod Brown said in a statement that he is disappointed with TTI's decision and concerned for the North Canton community.``I have had numerous discussions with TTI, union leaders and the governor's office, and we had hoped to retain the jobs in North Canton,'' Brown said.

Originally posted at InjuryBoard by Jack Landskroner

Pedestrian Killed in Accident in Barberton

Jack Landskroner — Tue, 03 Apr 2007 23:06:48 GMT

Very little information has been disclosed about the death of a pedestrian in Akron this week after a vehicle struck him in the roadway on Nortan Avenue.

A 59-year-old Akron man was killed after being struck by a car when he crossed a Barberton street about 8:30 p.m. Monday. Larry W. Dean, whose last known address was on Chester Avenue in Akron, was crossing Norton Avenue near Fifth Street when he was hit. He was taken by Barberton EMS to Akron General Medical Center, where he died at approximately 9:10 p.m. According to the Summit County Medical Examiner, Dean had most recently been staying at Barberton's Shamrock Motel on Norton Avenue, not far from the scene of the accident.

The incident is under investigation by the Barberton Police Department.

Originally posted at InjuryBoard by Jack Landskroner

Another Death Caused By Drunk Driving On 71

Jack Landskroner — Thu, 29 Mar 2007 20:56:39 GMT

Another life has been taken by a drunk driver. This time the reckless actions of a driver under the influence took the life of a Cleveland area man when a collision occured earlier this week..

The woman accused of killing a Brook Park man in a head-on crash on Interstate 71 Tuesday night had an alcohol level that was more than twice the legal limit, Cleveland police Lt. Thomas Stacho said today. Roger M. Harr died in a collision with Paige Bassett, 37, of Lakewood, who was driving south in the northbound lanes. Her car and Harr's pickup truck met head-on at 11:45 p.m. on the curve near MetroHealth Medical Center.

Ms. Bassett was charged with vehicular homicide.

Originally posted at InjuryBoard by Jack Landskroner

Wrongful Death Lawsuit Settled with Foster Agency

Christina Cole — Wed, 28 Feb 2007 01:49:39 GMT

A wrongful death lawsuit has been settled between a woman and foster care agency that had placed her son with a couple that is now convicted of murder, for their part in the 3-year-old boy's death.

The woman has waived her rights to any payments in the $206,000 settlement that will be split between the brother and sister according to an agreement that was approved on Tuesday by a Butler County Probate Judge.

The three children were taken from the home in April after neglect allegations. The 3-year-old was placed with David and Liz Carroll through Lifeway for Youth, a private foster care agency.

In August, when the foster parents went to a family reunion in Kentucky, the developmentally disabled boy was bound in a closet for two days. Upon the Carroll's returning home the little boy had died.

David was sentenced to 15 years to life in prison on his guilty plea with an additional year in prison for his guilty plea to gross abuse of a corpse. His wife, denied any role in the death but was convicted of murder and six other charges and sentenced to 54 years to life in prison.

Trevino filed a $5 million lawsuit last year against Lifeway for Youth and several Butler County agencies, which were dismissed from the case. The lawsuit claimed the defendants were negligent in failing to adequately supervise the placement and treatment of the boy.
The lawsuit settlement with Lifeway establishes a trust to administer payments, with court approval, to Trevino's other children, Peaches, 2, and Michael, 12.

Only a parent can receive payments in a wrongful death lawsuit, unless the parent waives the rights, such as in this case.

Originally posted at InjuryBoard by Christina Cole