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Could Bariatric Surgery Be The Cause Of Personal Injury Suits Due To Child Birth Complications?

Medical Malpractice, Products Liability Comments Off

Apr 282017

Bariatric surgery seemed like the perfect solution for those who are obese and have seemingly tried everything else to lose weight. What seemed like the perfect scenario, however, is beginning to show signs that it doesn’t come without substantial risk. Patients who were considering undergoing the procedure have always understood that the surgery itself, like any other, comes with specific risks. But there is a new complication just being discovered, which may make women of childbearing age think twice about having the surgery to lose weight.

New studies from a team of santa ana personal injury lawyers are coming to light that might put bariatric surgery complications at the forefront of personal injury claims. Scientists have discovered that there might be an increased risk for children born to mothers who’ve had bariatric surgery. A study recently published in the Journal of the American Medical Association shows that children who are born to women who have had bariatric surgery within the previous two years (before giving birth) are at risk for perinatal complications.

Bariatric surgery is a medical procedure used to decrease the size of a person’s stomach so that they can’t overeat. A surgeon uses either a gastric band or actually removes part of the stomach to create less space in order to signal to the brain that the stomach is full. There are times when the procedure also reroutes the small intestines so that it flows into the stomach pouch. So, although there are various ways to achieve the same goal, bariatric surgery refers to multiple types of procedures within the same class. It is typically a surgery that is used to reduce a person’s weight when obesity is leading to serious health consequences.

When a woman undergoes bariatric surgery, it isn’t just her stomach and appetite that are affected. Her body undergoes changes in nutrition as well as metabolic and physiological changes, which can result in danger not only to her health, but also to the health of a child born in the immediate future. There is evidence to suggest that a woman who has gone through the surgery may suffer from nutritional deficiencies, and that those deficiencies can negatively affect a growing fetus from getting the necessary nutrients for proper development.

Lack of nutrition can lead to birth complications, which were not an expected outcome, and women who underwent the surgery were not warned about it. Not only are there links to birth complications, but there is also a risk of small gestational age, low Apgar scores and premature delivery. An Apgar score is a test that is performed immediately following birth that measures a baby’s reaction to their atmosphere.

It is an acronym for Appearance, Pulse, Grimace, Activity, and Respiration and is linked to several conditions early on in life. In studies, it isn’t until almost four years post-bariatric surgery that the Apgar scores appear not to be affected in children born to women who have undergone the surgical procedure.

The biggest problem is that obesity is one of the barriers that women of childbearing age have, to conception. Many women in the past have undergone the surgery specifically to help them conceive, which is in direct contrast to the risks that the surgery can increase in childbirth. Up until recently, those risks were not identified and certainly were not told to women who were electing to have bariatric surgery, especially for the purpose of conceiving.

Therefore, the American Congress of Obstetricians and Gynecologists have made recommendations that women who are going to undergo bariatric surgery delay conception until a minimum of two years post-surgery to ensure that there are no risk factors carried over.

Although it’s a great recommendation going forward, that doesn’t address the past complications that have resulted from misinformation of the consequences of bariatric surgery on childbirth. Bariatric surgery has traditionally been an elective surgery undertaken more by women than men, which is why it is so problematic to find that risk factors for childbirth are linked to the surgery.

There are likely to be many women with complications during childbirth who bring forward personal injury cases. Many babies born with complications need extensive therapy, extended stays in the hospital, and can have a host of conditions that follow them throughout their developmental years and beyond. Without the proper warning, many women have found out the hard way that bariatric treatment for conception might not have been as healthy or safe as they were led to believe.

Is The “Right To Try” Medical Product Law Harmful Or Helpful?

Consumer Law Comments Off

Apr 282017

The road from an experimental drug becoming available for the market is long and arduous. A frustration for those who need life-saving drugs, often the trials can take decades for the FDA’s approval, and sometimes even longer. In the meantime, people who could benefit from medications wait on the sidelines hoping for the drugs to clear so that they might be available to save either their own life or the life of someone they love.

There aren’t many who, if they had a terminal disease, wouldn’t at least try a hopeful experimental drug and pray for the best. The problem is that even if you want to try a drug to save your life, you can’t. A new push is being made to pass laws to give patients the right to try medications before they are given FDA approval.

Over the last three years, 33 states in the US have passed legislation that is aimed at helping those with terminal illnesses by giving them the right to try experimental treatments and drugs in the earlier stages of a drug’s development. A trial lawyer can confirm that these “right to try” laws are expediting the use of medical procedures and pharmaceuticals to make them available to people who will certainly die without them and who might survive if given a chance to take them.

California has a “right to try” law that went into effect just this past January. Hospitals and doctors in the state are now allowed to prescribe any medication that has made it through the trial-one phase of drug development. That is the first stage where a drug is tested on human beings on the way to gaining FDA approval. In phase one, typically a drug focuses not on whether a drug helps someone, but rather that it doesn’t have any risks for use. It also answers questions of dosage but has no relation yet to effectiveness about a particular disease.

It is in the second and third phases of drug development that researchers find out if there are toxic side effects to an experimental medicine or procedure by using the drug on the very people it aims to cure or help. Only about 20% of those medications that make it to the second phase and are found to have serious side effects will move onto the third phase. In the third phase, the medicine is tested for its side effects and effectiveness. Only after passing all three phases is a drug even eligible to be examined by the FDA or slated for the market.

The problem is that the process of going through the three phases is anything but quick and easy. That is why Ian Calderon, a Democrat from Southern California, proposed the bill to give people who will die without the use of some intervention, the right to try experimental medications. If there is a chance that one life can be saved by not waiting for FDA approval, then it is worth it. When talking about people who are terminally ill and will certainly die, what harm could it possibly do to allow them to at least give a potential cure, a try?

In 2016, assisted suicide was made legal giving someone the chance to decide when they want to die; why should someone who is dying not be given the opportunity to decide how far they will experiment to live? The proponents of the bill maintain that often doctors are fearful of allowing patients the right to try medications, even for off-label use, just in case they have serious or deadly side effects. If a drug doesn’t have FDA approval, then the onus falls on the prescribing physician. Not many clinicians are willing to take that chance or to have blood on their hands by offering false hope.

The new law allows doctors and patients the ability to investigate medicines in the phase-one testing phase, and it also limits the obstacles that stand in the way of allowing terminally ill patients the ability to give them a try.

Those who stand in opposition to the “right to try” laws believe that it is morally wrong to allow patients the right to take something that they hope will cure them, especially if it gives them false hope or hastens their death. There is a fear that drug manufacturers will prey on those who are looking for a cure and will try anything out of desperation. Moral ethics upholders are worried that terminally ill patients might be taken advantage of and considered “free lab rats.”

For now, those who want to try a medication to save their life have been given a new lease to try what they can research and find. If it saves one life in the process, it is a miracle. If it helps to prove that a cure for a disease is available more quickly, it’s even better.

Toddler Dies Caught up in Medicaid Billing Fraud

Medical Malpractice, Wrongful Death Comments Off

Apr 112017

Medicaid billing schemes are not new; in fact, many have been convicted of committing this crime over the years. However, a recent personal injury lawsuit has caught the attention of a lot of people since a toddler was involved — and even died in the process.

The wrongful death lawsuit claims that unnecessary dental procedures were performed on fourteen-month-old Daisy Lynn Torres as part of a corporate scheme that aims to make money from Medicaid. The toddler’s family is suing dentist Dr. Michael Melanson and mobile anesthesiologist Dr. David Williams, along with Austin Children’s Dentistry and Texan Anesthesiology Association.

Daisy Lynn died on March 29, 2016, while she was going through a dental procedure at Austin Children’s Dentistry. The procedure was performed by Dr. Melanson while anesthesia was provided by Dr. Williams, who works for Texan Anesthesiology Association and was present while the child received the dental treatment.

Daisy Lynn’s mother, Betty Squier, had brought the toddler to Austin Children’s Dentistry to have two of her cavities filled. Squier noted that she was present when her daughter was put under anesthesia but was asked to leave the room afterwards. According to her, Dr. Melanson came out of the room after several minutes and told her they were going to place six crowns on Daisy Lynn’s teeth — four more than what had been originally planned. A short while after that, Squier was informed that her daughter had gone into cardiac arrest.

Forensic dental examiner Dr. Robert Williams worked on the case and reported that “no indication of dental disease or pathology was seen” in Daisy Lynn’s dental X-rays on the day she died. He points out that the child may possibly have had “congenital enamel defects” in her partially erupted teeth, but stated that they did not necessarily require treatments especially considering her age. Dr. Williams noted that there was no evidence that Daisy Lynn was in “any type of pain” due to any dental diseases.

This report was included in the autopsy report filed by the Travis County Medical Examiner’s Office, which was released in July 2016 and ruled that anesthesia was the cause of death of the child. A few months later, in September 2016, Austin Children’s Dentistry filed a libel, defamation, and business disparagement lawsuit against Dr. Robert Williams. The company sponsored national dental experts to independently review the case, and the reviews concluded that the treatments that Daisy Lynn Torres received before her death were “dentally necessary”.

Despite this, the toddler’s parents believe that their daughter wrongfully died and that her death was caused by a scheme that aims to bill Medicaid for unnecessary dental procedures. Betty Squier states that her child’s life “was cut short due to someone’s greed and negligence”, while Daisy Lynn’s father Elizandro Torres wants the case to be heard so it won’t happen to other people. He reminds parents that “they can ask questions” and “get second opinions, third opinions”.

The family’s attorney Sean Breen points out that Daisy Lynn’s case will hopefully highlight the fact that dentists and dental clinics all over the country are committing Medicaid fraud by doing unnecessary procedures and collecting money from them. Breen states that other parents have come out and revealed that their children also received unnecessary dental treatments from Austin Children’s Dentistry.

What Is The Purpose Of The Discovery Process In Personal Injury Cases?

Legal Terms Comments Off

Mar 132017

The American justice system is already overloaded to the point of exhaustion. One of the principles of the court system is that by the time a case goes to trial, there should be as few things left to surprise as possible. To hold a fair trial, both prosecution and defense are required to turn over the facts that they have concerning the case.

If both sides came to court without any idea of what the allegations were or what evidence each held, then the courtroom would be a place of utter chaos. That is why since 1940, there has been a requirement that any documents or relevant facts in a case be presented to the opposition before the trial.

To be able to defend or prosecute equitably and not take up more time than necessary, each side has to provide a “heads up” about what will come during the trial, so that both are better prepared to present the best case possible and to receive a swift resolution to any personal injury case.

The process of “discovery” is a way that each side sees the cards that the other side holds prior to entering the courtroom. There are three types of discovery that must be given before any case begins. They are document production, depositions and written discovery.

Document production

In discovery, if either the prosecution or defendant has any factual documents, they are required to share a copy of those documents with the opposing side. Things like contracts, medical documents and now even computer files are all parts of document production discovery. With the growing age of technology, this discovery type continues to grow, sometimes encompassing things like emails and deleted files that are rediscovered.

Depositions

Deposition discovery means that any sworn statements given, be shared with the opposing side. When a person is questioned and gives answers to an attorney, those statements are recorded and transcripts are then made. Depositions can vary in length from an hour of questioning to months. The reasons that attorneys record depositions are varied, but most commonly attorneys take depositions so that people are obligated to their record of events early on and are held accountable for their statements during trial, and to know that a person has found a workers lawyer you can trust. They are also taken to compare what the parties recollect to see if the stories match up. And sometimes attorneys take depositions so that they can have a “mock trial” for practice, so that when the client is up on the stand, the client knows what to expect.

When giving a deposition, the client is best off never making assumptions and only to state facts without intention. Saying things like “I don’t know” is preferable to making a guess. Once you have said something, whether you are guessing or not, it is considered a fact in the case and it can affect your time on the stand. If you don’t understand the question being asked or are unsure of why you are being questioned, it is always best to inquire and have the attorney clarify exactly what they are asking before you answer in any recorded statement that you make.

Written discovery

Written discoveries are interrogatories where a client writes down their recount of an event or answers a question in writing. They are a version of facts that can be used in the trial setting. Questions can be in the form of open-ended inquiries to a simple yes or no. They are strictly factual statements and are not open to interpretation.

An auto accident attorney will find that often written discovery involves a request that a defendant admit to something directly like “did you do it.” Written discovery carries certain irrefutable statements and can be one of the most powerful tools introduced during trial. If you are going to put anything in writing, it is imperative that you consider the consequences of your statements.

Discovery is a way that the justice system is able to speed up the time that it takes to conduct a trial. If both parties were going into the courtroom blind, it would be a mess of trying to find facts, counter them and figure out what is right and how to combat what is being presented.

Vizio Pays $2.2 Million as Settlement for Spying on Viewing Habits of Smart TV Users

Invasion of Privacy Comments Off

Feb 102017

American UHD TV maker, Vizio, Inc., settles a lawsuit fight against them by the Federal Trade Commission (FTC) for the amount of $2.2 million. The independent government agency acted upon the alleged gathering of television viewing habits of the customers without their knowledge.

According to the lawsuit, Vizio started collecting the information using the internet-based TVs they sold to the public in February 2014. However, some reports say that the so-called “spying” began around 2010.

With the use of software incorporated in the smart TVs they manufactured, they were able to track highly specific viewing information of more than 11 million viewers. They then teamed up with another firm to be responsible for the demographic information. This included age, sex, marital status and household income, among others.

The collected viewers’ profile was then sold to marketers to be used for market segmentation and to identify specific target markets. This practice prompted FTC to file a privacy lawsuit against the consumer electronics manufacturer.

As part of the settlement, Vizio ended up paying the money to the state of New Jersey and the FTC. Moreover, they were also ordered to erase whatever data they have collected before the first day of March 2016 as well as lay down their cards in terms of data gathering techniques. On top of this, they have to get the consent of the users before they collect any data.

Meanwhile, spokeswoman for FTC, Juliana Gruenwald Henderson revealed that this was the very first complaint they have filed against a smart TV company.

Maureen Ohlhausen, acting Republican FTC chairman, also came out with a statement about the settlement they have with Vizio. According to her, the unanimous 3-0 decision of the commission categorized the television viewing activity as “sensitive information” that warrants legal protection. That said, its disclosure will be considered as “substantial injury”.

The settlement money might not be a staggering amount but it was the government agency’s way to give a warning to companies that taking advantage of consumers and using smart TV software for unauthorized access to pertinent information will not be taken lightly.

The same sentiments were also shared by FTC attorney, Kevin Moriarty, on a blogpost. It read, “The data generated when you watch television can reveal a lot about you and your household. So, before a company pulls up a chair next to you and starts taking careful notes on everything you watch (and then shares it with its partners), it should ask if that’s okay with you.”

From their part, Vizio released a statement with regards to the resolution. The company expressed that it was happy with the outcome. It also stated that there was no pairing of the collected viewing data with information that included personal information like the name or contact details of the viewers.

As for the complaint, Vizio said that it was only about the practice of using the data of consumers to come up with a summary report, in relation to their viewing habits.

Reference

https://morningconsult.com/2017/02/06/vizio-settles-ftc-precedent-setting-smart-tv-privacy-lawsuit/

Mother Files a Lawsuit against a Football Helmet Manufacturer

Products Liability Comments Off

Jan 032017

Almost a year after the demise of her son, a mother sues a helmet manufacturing company Ridell and the Chicago Board of Education. Currently the administrator of her son’s estate, Jeanine Smith filed a wrongful death lawsuit, early October this year, at the Cook County circuit court.

The suit included four counts against Ridell and two counts against the board of education with the family seeking to get awarded unspecified amount of money if they win the case while Brion Doherty of the Chicago firm Motherway & Napleton, LLP represents Smith family.

Andre Smith was a 17-year old football player at Bogan High School when he died from a blunt force trauma to the head. It was on Oct 22, 2015 while playing football at Stagg Stadium in Southside, Chicago when the teenager, whose team was playing against Chicago Vocational, when another player struck him during a kickoff return play.

A first, the fall did not really appear fatal as Smith was able to get up right after he fell to the ground. After the incident, he complained of a headache and became unconscious. The young school athlete was rushed to Christ Medical Center in Oak Lawn and unfortunately, was not able to regain his consciousness. The incident happened on a Thursday night and he died Friday morning.

According to the six-count lawsuit, Ridell failed to include in its guidelines that the Revolution Speed helmet worn by Smith and his team mates is potentially dangerous if the air bladders inside lack proper inflation.

Allegations also included that the air bladders were supposed to protect the head of the wearer from injuries. As for the suit filed against the board of education, it alleges that the board should have been aware that the air bladders were not inflated enough when worn by the players and should not have allowed Smith and the other football players to wear the helmets in the first place.

According to reports, during the kickoff, Smith tried to tackle another player receiving the kickoff but was blocked from the left side of his helmet. Considered to be as “incidental contact” between the two players, Smith fell on the ground. While he was complaining from dizziness and headache, the young man started to have seizures and became unresponsive even after he was rushed to a local hospital. His CT scan revealed swelling and bleeding near the brain.

According to court records, the helmet worn by Andre Smith was found defective after the air bladder at the crown lost half of the air pressure just five minutes after being inflated and air bladder located at the rear lost almost 10 percent of air pressure just after 10 minutes.

Before Smith transferred to Bogan High School and joined the football team in 2015 when the season started, he studied at Rich Central High School in Olympia Fields. He was staying with a family friend in Chicago while his mother and stepdad were living in County Club Hills.

Meanwhile, Ridell declined to comment about the ongoing litigation while the Chicago Board of Education has yet to reply after a message was sent to them a week earlier.

Sexual Abuse Survivor Files Lawsuit Against Priest in India

Abuse Comments Off

Oct 262016

While sexual abuse scandals have already rocked religious groups, another story surfaced about the advocacy of a young woman from Minnesota trying to prevent a priest in India from abusing young children. Twenty-six year old, Megan Peterson, now living in Queens, filed a lawsuit against a diocese in India in her bid to stop the pedophile priest from harming children.

It was in April 2016 when the issue was reported online. At that time, she said that the suit will be filed on her behalf by her attorney, Jeff Anderson. What made this case unique and interesting is the fact that this is the first time a lawsuit is filed in a federal court against a diocese located in a foreign country such as India. The lawsuit claims that by reinstating the convicted priest to the ministry, the Diocese of Ootacamund is exposing the children to danger.

Peterson, herself, was a victim of Rev. Joseph Jeyapaul 11 years ago while the latter was then a priest in the Diocese of Crookston. It was in 2005, at the age of 14 when she was molested and sexually abused by Jeyapaul.

The Predicament

She was born and raised in Minnesota where she became an altar girl and an active member of the choir. According to Peterson, it was only within weeks when the priest raped her in the parish office. Her ordeal was followed with more sexual abuses which lasted for almost a year and Father Joseph Jeyapaul even had the boldness to blame her for these abuses, saying that it was her who made him do it.

The priest was with the diocese in Crookston City from 2004 to 2005 and aside from Peterson, there was another teenage girl who was also sexually abused by Jeyapaul. However, before a case was filed then, the priest already went back to India.

It was in 2012 when Jeyapaul was extradited to the United States to face the charges against him for sexually abusing the two girls but he was only tried for the rape of the other girl. The case about the abuse of Peterson was dropped as part of the plea agreement. Moreover, the priest was only sentenced to one year in prison, a sentence he quickly got over with since it included the period he was in jail during the trial. After serving his sentence, he was deported back to India and given a suspension of one year.

But what pushed Peterson to file a case against the diocese in India was when she learned in February that with the recommendation of the Bishop and the permission of Pope Francis, Jeyapaul was reinstated to the ministry in less than a year.

With the knowledge that this man will again do the same thing with other children and be active as a priest, Peterson made the move to file a lawsuit against the diocese and the bishop. She expressed her desire to save the children in India to suffer the same predicament she had.

In 2011, Peterson also sued the Diocese of Crookston and was awared $750,000. But the Minnesota woman said that it mattered more to her that Jeyapaul will not be able to harm children anymore.

Reference

http://www.fox9.com/news/209451598-story

Lawsuit: Charlotte, North Carolina School Released Girl to Her Rapist Twice

Negligence Comments Off

Sep 072016

According to a lawsuit in Charlotte, North Carolina, a girl who was attending the 7^th grade was released by her own school to a man who had taken her to a certain house and sexually assaulted her, and this happened on two occasions. The lawsuit entails that the offender returned the young victim to school to finish the day when each of the incidents happened. The name of the girl was not stated in order to protect her identity as a victim of sexual abuse.

The formal charge against the offender was filed by the student, along with her mother, in court, initiating it to set forth for the court of a claim for relief from the wrongful conduct engaged in and from the damage caused by the perpetrator.

The lawsuit specifically states that the girl was a 7^thgrade student at the Kipp Academy Charlotte, which is a charter school, when the acts were committed by the offender when the 2013-2014 school year was about to end.

According to the attorneys for the complainants, a man with the name of Demetrius Fetherson has contacted the girl on the 26^th of March in 2014 on Facebook. They said that Fetherson told the girl that she was cute and that he would be able to help her with launching a career in modeling. The lawsuit further states that the man then showed up at the girl’s school the following day and checked her out of the premises by claiming that he was her uncle, and that he had to take her to an appointment with a doctor. The exhibits that were filed as part of the suit did not show Fetherson to be listed as one of the people who were authorized to pick the girl up from school. In addition, the list did not even have a certain uncle as an authorized person.

The lawsuit claims that the man had taken the girl to a brick house and engaged in “unconsensual sexual contact” with her, and the same incident happened once more 3 weeks later. Currently, Fetherson is serving time in a state prison after he pled guilty to 2^nd-degree rape.

Moreover, the lawsuit also names the Kipp Academy Charlotte, the educational institution’s board of directors and the Kipp Foundation. However, a representative for the school has declined to provide comments during the most recent litigation session, though he did respond to some questions about how the school responded to the incidents.

The director of Finance of Operations for the Kipp Academy Charlotte, Mark Chudzicki, stated that the school had conducted an internal review of procedures and policies after the incidents, and that some of the procedures they implement were changed. But when asked whether the school had notified the parents about the incidents in 2014 or not, he just answered, “I don’t recall.” Also, a voicemail that was left with the offices of the Kipp Foundation in San Francisco, California was not returned.

Reference

http://www.wsoctv.com/news/local/charlotte-school-released-girl-to-man-who-sexually-assaulted-her-lawsuit-says/432954384

Lawsuit Says LinkNYC Map Technology Leaves the Blind Behind

Discrimination Comments Off

Aug 032016

A few months after sidewalk LinkNYC kiosks were installed to provide wireless internet connection as well as other services, an organization advocating for the blind along with three people filed a case against the city of New York and CityBridge for alleged discrimination on blind people in relation to the kiosks.

The National Federation of the Blind based in Maryland and the blind New York residents were represented by their managing attorney, Michelle Caiola. The lawsuit was filed in the U.S. District Court for the Southern District of New York and claims were brought under the Americans with Disabilities Act as well as state and city civil rights laws.

Primarily aimed to improve the lives of people with disabilities, the LinkNYC kiosks are allegedly futile for visually impaired individuals. According to the lawsuit filed, the tablets and the services that are also included lack features that make them usable or accessible to blind people.

What is the LinkNYC?

LinkNYC is a public-private partnership between the city and an association of technology companies. These kiosks have already taken the place of pay phones in the city and are strategically located in NYC to provide a super fast public WiFi as well as mobile device chargers and a tablet loaded with an app that will allow the public to make phone calls to any part of the United States.

However, these kiosks do not have an available Braille keyboard nor do they have audio instructions and software that will let visually impaired people to use them conveniently and without the help of sighted individuals. These overlooked features prompted the plaintiffs to file a lawsuit against the city of New York, the Department of Information Technology and Telecommunications, including Commissioner Anne Roest and the three technology companies that are part of CityBridge, LLC who were the providers of the kiosks.

One of the plaintiffs, a blind instructor of technology courses in Manhattan, Mindy Jacobsen, said that when she tried to use a kiosk located on Eight Avenue to get directions, the audio was not working and what was available was only a touch screen map that she do not use for since she cannot see. Also, making a 911 call is also impossible for a visually impaired person since it can only be placed using the touch screen pad.

Months ago, LinkNYC was already underfire due to concerns that the advertisements of companies that are posted on the sides of the kiosks and give revenue to the city and CityBridge can compromise the privacy of the people. According to critics, using the services of LinkNYC put pertinent information of users at risk and will make it possible for these companies to send spam emails and content to unsuspecting individuals.

The spokesman from CityBridge said that the kiosks have features that are intended for blind individuals such as Braille labels which are placed beside the 911 button. These stations also have headphone jacks and that the design of the touch screen table is accessible by people on wheelchairs. As for audio cues and other features, the consortium is already working on these improvements.

Reference

https://www.dnainfo.com/new-york/20160801/upper-east-side/linknyc-kiosks-exclude-blind-lawsuit-against-city-says

Minnesota Woman Sues for Police Misconduct

Police Misconduct Comments Off

Jul 052016

Approximately 1 new personal injury lawsuit is filed every 2 seconds throughout the United States, and the third most common claims are assault-related. Based on statistics, there is a very high number of assault claims each year, and there were over 2 million of them in 2010 alone.

Personal injury cases arise when a person suffers harm that is inflicted by someone else. It can be resolved through informal settlement, but will become a full-blown legal dispute when it is formalized through civil court proceedings.

But what if the injury came from the very people whom you were supposed to trust with your life? Do you have a chance of winning against individuals whose job is to uphold the law, including personal protection?

Tamra Welbig filed a lawsuit against the Brookings Police Department, claiming that they allegedly slammed her to the pavement and then falsely charged her with felony. The federal lawsuit centers on false arrest, excessive force, violation of free speech and violation of civil rights.

In a federal complaint, it was stated that officers’ Jordan McCaskill, Jordan Hansen and another cop was sent to the plaintiff’s apartment to provide medical assistance. At that time, Welbig was in the passenger seat of a Dodge Durango. When one of the officers stepped into her apartment to perform a search, she pulled herself forward to the seat, while telling the police officers that they are not permitted to enter her apartment.

It was at this point, when officers’ McCaskill and Hansen pulled her out of the vehicle, secured her arms to the side, and then pushed her to the ground. She was allegedly pushed with such force that it “caused her face to bounce off the concrete”. Even if she wasn’t resisting, Officer Hansen allegedly placed his full body weight and knee on Welbig’s back to handcuff her.

The two officers then proceeded to drag Welbig to the ambulance, with her feet scraping the pavement and bleeding as a result.

Due to severe physical pain and injury to her face, Welbig was taken to Brookings Hospital where she received treatment for her injuries.

The lawsuit claims that detaining Ms Welbig was “excessive and much more extensive than reasonably necessary”. It also alleges that the felony charges against the plaintiff were all fabricated to cover up the officers’ actions. There were no witnesses interviewed, and the sworn testimony given by another officer contradicts police reports.

Following the incident, Welbig was charged with simple assault against law enforcement, which should have been the other way around, based on her complaint. The arrest happened in 2012. She was acquitted of the assault charge six months later.

The lawsuit seeks compensation for damages, although there is no dollar figure specified.

The Brookings Police Department denied all allegations, only responding to say that defendants “are protected by the doctrine of qualified immunity”, making them immune from the lawsuit filed by the plaintiff.

What are the odds that an individual can win against police officers? With the right personal injury lawyer, those odds can be in favor of Tamra Welbig.

Reference

http://www.argusleader.com/story/news/crime/2016/06/28/lawsuit-claims-brookings-police-used-excessive-force/86465038/

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