Medical Malpractice Caps in California Prevent Parents from Receiving Answers

Mr. and Mrs. Cull lost their daughter to medical malpractice during a routine surgery and spent the last two years trying to find out why, still unsure if they actually know what happened in the operating room that fateful day.

Olivia Cull Dies After Routine Procedure

new jersey philadelphia medical malpractice attorneys olivia cull surgery california Olivia Cull underwent surgery as a baby that left one side of her heart smaller than the other. She lived her life this way, until she was a senior in high school. Doctors wanted to install a catheter in her heart to prep for the final surgery that would correct the small side of her heart. She was nervous, but her mother reassured her that the catheterization procedure would only take a few hours, and that she had done it many times before. Doctors told the Culls Olivia would be home before dinner.

A few hours later, a cardiologist entered the waiting room with bad news. An error that occurred in the cathederization lab caused Olivia do be deprived of oxygen for 40 seconds. Mrs. Cull assured herself that everything would be fine. After all, kids can hold their breath for that long in the pool. Mrs. Cull entered the room where Olivia lay on the table. In her mouth was a breathing tube. She also noticed a pool of blood on the floor.

Eight days later, they had Olivia removed from the ventilator. Her heart went on beating for three days. An internal breathing tube was removed on the third day, and Olivia died. An autopsy revealed that she suffered from brain damage that occured after a heart attack the hospital attributed to Olivia’s heart defect, but that didn’t seem right. The Culls wanted answers. They reviewed the hospital’s medical records, after jumping through hoops to get them, but determined that the only way to truly discover what happened to their daughter was to sue.

Lawyers Don’t Want the Case

The Culls searched for attorneys to take the case, but had a terrible time finding one. Medical malpractice caps in California made it extremely difficult for lawyers to see merit in their claim. They finally found an attorney, Jin Lew, to take the case pro bono.

Lew found the medical records to be incomplete, and subpoenaed the rest of the the records. Hundreds of additional pages were sent that revealed that Olivia was treated by two unqualified individuals; a postdoctorate fellow who removed a catheder without doctor supervision, and a second fellow that was not cleared to treat patients. The Culls had never been alerted that these were the people who would be treating their daughter.

The Culls were urged to accept a settlement agreement for $250,000, since that was the amount of the liability cap for medical malpractice claims in the state. However, Mrs. Cull believes that the threat of a larger settlement would have forced the hospital to reveal what really happened that day in the cathederization lab.

Medical Malpractice Lawyers in New Jersey and Philadelphia

The Culls lost their daughter to negligence and poor judgement. You young woman had loads of potential, having been a model student who also excelled at violin and fine arts. Her death was a loss not only for her family, but for all those that knew and associated with her. Capping the liability of those that carelessly treat patients is an extremely detrimental practice for our medical system. Medical providers must be held 100% liable for their mistakes.

If you or a loved one have suffered at the hands of a negligent or careless medical provider, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Let the Mininno Law Office team earn you the compensation you deserve.

Medical Malpractice Lawyers Find Fault in Texas Tort Reform

In 2003, Texas government passed tort reform legislation regarding medical malpractice lawsuits within the state. The new legislation capped medical malpractice payouts at $250,000 per provider, with a maximum of $750,000 all together. It also stated that in order for emergency room physicians to be responsible for civil damages, they would have to act with “willful and wanton” negligence.
In other words, they have to purposefully and knowingly put their patients’ lives in danger.

A San Antonio medical malpractice lawyer, Jon Powell, commented on the “willful and wanton” standard, saying:

You’d have to be a Nazi death camp guard to meet this standard.

The liability caps and impossible standards are making victims of medical malpractice weary as they find that, in Texas, they simply do not have a case.

Medical Malpractice Leads to Amputation

new jersey philadelphia medical malpractice lawyers willful wanton connie spears texasConnie Spears, a 54 year-old woman with a history of blood clots, went the the emergency room at the Christus Santa Rosa Hospital in San Antonio, Texas, complaining of excrutiating leg pain. She was discharged with “bilateral leg pain” and told to follow up with her primary care physician.
Three days later, Connie’s legs were purple. An ambulance took her to another area hospital where doctors determined that a filter that had been installed in her heart years before was severely clotted, which led to tissue death in her legs, as well as kidney failure. Weeks later, Connie awoke to find that both of her legs had been amputated in order to save her life.

Now, she can’t find an attorney who will take her case, because in Texas, she doesn’t have one. Clear negligence exists, yet attorneys no longer have confidence in their judicial system due to the new standards set forth by tort reform. They also argue that this “willful and wanton” standard for medical malpractice allows for a serious decline in the standard of care provided to patients in Texas, and could allow Texas ER’s to become the most dangerous in the country.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Tort Reform has significantly and severely damaged a medical malpractice victim’s chance at justice in Texas. Connie Spears will live the rest of her life without her legs due to a careless misdiagnosis, yet because of the standards Texas tort reform has put forward, she may never be able to gain the compensation she needs and is entitled to.

Medical malpractice affects many patients in the US, and victims should know that when doctors act negligently, they are liable for damages. If you or a loved one have suffered at the hands of a negligent and/or careless doctor, contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let our team earn you the full and fair compensation that you need and deserve.

New Legislation Will Finally Hold Foreign Manufacturers Accountable

new jersey philadelphia defective products attorneys liability taishan gypsum foreign manufacturersThere are currently no laws in place protecting the rights of consumers agaisnt foreign manufacturers. Foreign companies are free to manufacture defective and dangerous products, sell them in America, and suffer no consequences for their actions. But the House Energy and Commerce Committee has recently approved legislation that will finally allow the U.S. to hold foreign manufacturers accountable.
The legislation, called the Foreign Manufacturers Accountability Act, will require that foreign companies have “agents” in at least one state in the U.S. in which the company does business that will accept service of process for civil or regulatory claims. That agent will serve as a sort of liason between foreign corporations and U.S. regulators.

The approval of this legislation is a huge step for product safety in America. As of now, companies like Taishan Gypsum, a Chinese manufacturer of drywall, could produce defective products, sell them in bulk in America, and turn around and never look back. Taishan Gypsum was recently sued by homeowners from the southern United States for drywall that was emitting sulfuric acid. The emissions caused such damage that affected homes had to be demolished and re-erected.
The health implications have not even been addressed yet. Unfortunately, the ruling made against Taishan Gypsum, in the amount of 2.6 million dollars, doesn’t even matter. They are not legally bound to pay that money, nor were they legally responsible to even respond to the suit. Taishan Gypsum was 100% absent during proceedings.

NJ and PA Defective Product Attorneys at the Mininno Law Office

The approval of this legislation will make it much easier to hold foreign manufactures liable for their defective products, and will make consumers affected by defective, foreign products able to receive their due compensation.

If you or a loved one have been negatively affected by a defective product, regardless of where it was made, contact the Mininno Law Office for a free consultation. Our New Jersey and Philadelphia Defective Product Attorneys will work to get you the compensation you deserve.
You can also call at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

New Jersey Personal Injury Attorneys: Mininno Law Office

Have you recently been injured by a defective product? Have you been injured in a car accident? Have you been injured at someone else’s home, due to someone else’s negligence? If so, than you may need the assistance of a New Jersey Personal Injury Attorney.
new jersey personal injury attorneys money compensation The New Jersey personal injury attorneys at the Mininno Law Office are dedicated to earning you your due compensation regarding injuries sustained from accidents including but not limited to the following:

  • work accidents – we will explain why it important to have a good relationship with boss
  • motorcycle accidents – you will understand what is responsibility
  • car/trucking accidents – we will show why its is important to use hight quality Fortis Skid Steer Tracks
  • trip and falls in public places – you will understand about importance of social activity
  • defective products/products liability – you will learn why quality matters
  • medical malpractice/medical negligence  – you will get advises how to choose doctor and what basic question you should ask him
  • dog bites – you will get basic knowledge of dogs behaviour

Do I need a Personal Injury Attorney?

If you find yourself facing mounting medical bills for conditions caused by one of the aforementioned accidents, you should definately contact a New Jersey personal injury attorney. A personal injury attorney will meet with you to discuss the merits of your case, and help you decide the appropriate action to take. An experienced personal injury attorney (like those at the Mininno Law Office), will have access to experts and resources to perform an in-depth analysis of data such as medical records, MRIs, CAT Scans, pathology studies, product design, safety standards, and OSHA regulations.
It is important that you act quickly, however. Due to statutes of limitations, waiting too long could be waiving your right to file suit.

What Will a Personal Injury Attorney do for Me?

A personal injury attorney at the Mininno Law Office is going to help you decide the right course of action. He’ll go through all of the facts, records, and data surrounding your case, and make an educated decision as to whether or not your case has merit, meaning, will a judge feel that you deserve to be compensated. If you decide to move on with the case, the personal injury attorneys at the Mininno Law Office will work hard to present the best possible case. And they do it on a contingency fee basis. A contingency means that we get paid, contingent upon the winning of the case. We don’t make money unless you make money. We work for free until we win. Case evaluations and consultations are free.

More Questions?

If you are still confused or unsure about what to do regarding a possible personal injury lawsuit, contact the Mininno Law Office for a free case evaluation, or call us for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.
Let us fight to get you the compensation you deserve.

BP Cuts Corners and Defective Well Causes Blast

New Jersey Attorneys - Defective Products
BP's defective well on the Transocean rig, Deepwater Horizon, causes an explosion that kills 11 people and causes the worst oil spill in US history.
Defective products are dangerous and potentially life threatening products that have either been designed, manufactured, or tested poorly or inadequately. Many deaths have resulted from defective products; products like cribs, toys, cars, and even clothing. Manufacturers of defective products that cause injury or death must be held accountable, which is why BP finds themselves in even hotter water. It’s been reported that BP’s negligence and desire to save money at the expense of thoroughness and safety directly resulted in the explosion on the Transocean rig “Deepwater Horizon,” which killed 11 workers and caused the biggest oil spill in United States history. They cut corners in 5 essential areas of preparation to save time and money.
However their shortcuts ended up proving more costly, time consuming, and above all, deadly. Lawmakers have faulted BP’s design of the oil well, the process they used to prepare a hole that was to be capped, their decision to skip testing the integrity of a very important cement sealer, the use of mud to clear gas from the well, and elimination of a final step to seal the well.

5 Areas of Defectiveness

Well Design

Five days prior to the blast, there was about 1200 feet of well that needed to be secured. The correct method for securing the remainder of the well would have been a tieback liner. This method would provide multiple barriers that would block the flow of gas that could trigger an explosion. BP decided that this method would be too costly and time consuming. Instead they used a “long string casing” (a single steel liner) that saved them at least 3 days and 7-10 million dollars. The casing was sealed in only two places, and did not provide the same protection against explosions that the proper method would have.

Centering the Casing

Centering the well casing reduces the risk of channel formation that could allow gas to flow up the well. On April 15th, BP informed Halliburton that they would use 6 “centralizers” on the well, when Halliburtons records showed that 21 “centralizers” were actually necessary. Objections were raised, but BP acted on none of them. On April 18th, a Halliburton account representative by the name of Jesse Gagliano reported that “the well is considered to have a severe gas flow problem.

Cement Bond

The cement bond log is a test to assess the integrity of the seal. BP skipped this test prior to the explosion. Lawmakers said that skipping the test “may have been driven by concerns about expense and time,”. Conducting the test would have cost $128,000, while canceling the work was about $10,000, the lawmakers said.

Gordon Aaker, a failure analysis consultant with Engineering Services LLP in Houston, said it was “unheard of” not to conduct the test and called BP’s decision “horribly negligent.”

Mud Circulation

A widely used and recommended practice is to fill a well with weighted mud during the drilling process before cementing. This process takes about 12 hours and allows workers to check for gas leaks and eliminates debris. BP also decided to eliminate this step.

Lockdown Sleeve

A Lockdown Sleeve is a piece of equipment that holds the well’s casing in place. It works to prevent the casing from floating above the head of the well and letting gases build up. Both Transocean and Halliburton have stated that eliminating this step was a key procedural mistake on BP’s part.

Have You Been Affected by a Defective Product?

These five major errors have caused great loss to our gulf coast and to the families of the 11 workers that died in the blast. All of it so that BP could save some money. If you or a loved one have been injured by a defective product, don’t let the manufacturer get away with their negligence. Contact us for a free case evaluation, or call us for a free consultation, at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.

Defective Product information is a necessity

Each day a defective product manufacturer quietly pays off another victim in a secret settlement that no one will ever learn about. These Court approved secrecy agreements hide vital information concerning public health and safety. How? Companies manufacturing defective products will only pay for the harms they cause if the victims agree to secrecy. Why do negligent product manufacturers insist on secrecy? Because makers of unsafe products such as medicines, airplanes, baby cribs, or car tires, realize that consumers would not buy these products if the products dangerous aspects were known to consumers. Below are just a few examples of the harm that secret product liability settlements cause.

In 1996, a mother gave her 7 year old son the recommended dosage of an over-the-counter children’s medicine to treat an ear infection. Hours later the boy suffered a hemorrhagic stroke (a stroke that involves bleeding on and outside of the brain) and fell into a permanent coma. Three years of life support and failed rehabilitation attempts followed before the boy died. Later, doctors concluded that the boy’s stroke was caused by an ingredient in the medicine called phenylopropanolamine. The unsafe ingredient has since been banned by the FDA and removed from the number of over-the-counter medicines in which it was found. But before this little boy took the medicine, similar lawsuits had been filed against the negligent drug manufacturer. All of these claims should have been in the public record; however each of these defective product suits was quietly and secretly settled. Had information about the unsafe drug been made public, that boy would be a young man today.

In 2003, three Texas businessmen died when their Cessna Caravan airplane, being flown by a professional pilot, crashed due to a defective deicing mechanism. This mechanism, when working properly, removes built up ice from the wings and exterior of the plane. Ice on the wings and the airframe disrupt airflow, and can seriously affect flight, as it did in this case. During this product liability lawsuit, the plaintiff’s lawyers found concealed evidence that proved that Cessna knew its deicing system was both defective and unsafe before the plane was ever certified by the Federal Aviation Administration. When this damning evidence was found, Cessna agreed to compensate the families of the three men but only after insisting that the families agree to secrecy in order to be fairly compensated. As part of the settlement agreement, Cessna demanded its documents back and these documents were never made public. To this day, Cessna has not addressed the deicing defect in a number of its aircraft, most of which still take flight. The National Transportation Safety Board has reported 6 fatal crashes and 1 serious injury crash since the crash in 2003 that, the attorneys have claimed, involve the same defective deicing mechanism. The most recent Cessna Caravan crash that resulted from the alleged same deicing defect was October 7, 2007 in Washington State. It killed the pilot and 9 passengers.

In May of 1998, Linda Ginzel and Boaz Keysar lost their son Danny when he strangled to death after his Playskool crib collapsed. Linda and Boaz later found out that 3 secret settlements were made in product liability cases involving the same defect in the same crib. Manufacturers Kolcraft and Hasbro fought to make it 4 secret settlements, but fortunately Linda and Boaz were able to successfully deny the request, allowing news of the defective, collapsing crib to be made public.

The most well known case of of a secret settlement causing harm involved tire manufacturer Firestone 6.5 million defective tires that Fireston manufactured. Evidence linked these defective tires to car crashes occurring over a 7 year time frame. By October 2001, after the defective tires had finally been recalled, the National Highway Traffic Safety Administration determined that the defective tires had been the cause of at least 271 deaths. Most of those product liability cases were settled secretly.

Manufacturers must not only be held liable for their defective products, but must also be required to make news of these product defects public! These products have caused the death of far too many lives, and who knows how many lives could have been saved had news of product defects been made public sooner. Product liability cases should never be settled secretly, especially when the health and safety of men, women, and children is at stake. If you or a loved one have suffered injury or loss due to a defective product, you need help. The Civil Trial Attorneys at Mininno Law Office are here to help you. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.

Don’t Let Them Fool You – Health Systems can be Held Liable for Incidents at their Hospitals

Here’s an interesting legal tactic for you: In a negligence case brought against the system, the University of Pittsburgh Medical Center is apparently asserting that it doesn’t run hospitals, despite describing itself as an “integrated global health enterprise” in its own press releases. – Anne Ziegler,

Central to what might be the most interesting negligence trial in quite some time is the untimely death of Rose Lee Diggs. Ms. Diggs, an 89 year-old woman was being treated at the University of Pittsburgh Medical Center. Without any hospital staff noticing, and without any proper means to prevent her from doing so, Ms. Diggs got out of her bed, wondered down the hall, up the stairs, and to the roof of the hospital, where she would later be found dead. The suit, which contends that hospital staff delayed in reporting Mrs. Diggs missing and tried to remove evidence from the scene, names both UPMC Health System, and UPMC Presbyterian Shadyside as defendants.

However, in what might be one of the most interesting defense tactics I have seen yet, attorneys for the University of Pittsburgh Health System have asserted that even if there was a wrongdoing in the case of Mrs. Diggs, that the system would not be responsible. Its attorneys have taken the position that each hospital and healthcare facility within its system are independent, not-for-profit corporations which are solely liable for the negligence that occurs at their facility.

Although clever, this argument does not hold under law. In any lawsuit in which the hospital is held liable for malpractice and/or negligence, the Health System which funds, organizes, and operates that facility is also held liable. Of course, the final decision in this case regarding whether or not University of Pittsburgh Health System can be held liable will be up to the Judge hearing the case. Lets just hope she sides with the legal precedent, and common sense.