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Columbus, Ohio Attorney Blog - Robert W. Kerpsack Co., L.P.A.
Wednesday, February 25, 2009
Hanging Death in Hospital Prompts Wrongful Death Action
Last year, a Hawaii State Hospital patient hanged himself in his room, and now his family has filed a wrongful death suit against the hospital claiming it was negligent and could have prevented this tragedy.
Several relatives of Keith Bieniek filed the suit; Bieniek died two weeks after he hanged himself on February 4, 2007. The named defendants are the hospital and the state of Hawaii.
Thirty-seven-year-old Bieniek had been arrested in August 2006 on a harassment charge and was later found to suffer from depression and mental illness. In December of 2006, he was admitted to the State Hospital, where an evaluation noted he was a suicide risk. However, the family claims the hospital did not put him on suicide watch, nor was he supervised properly during his hospital stay.
On the day of his death, Bieniek was found by hospital staff hanging from a bed sheet in his hospital room’s bathroom; he was unresponsive and taken to Castle Medical Center, where he died on February 24, 2007.
The family is seeking an undetermined amount in damages and attorneys’ fees.
If you have lost a loved one due to someone else’s negligence in Ohio, please contact wrongful death attorney Robert W. Kerpsack, Co., L.P.A. today to schedule a confidential consultation.
Several relatives of Keith Bieniek filed the suit; Bieniek died two weeks after he hanged himself on February 4, 2007. The named defendants are the hospital and the state of Hawaii.
Thirty-seven-year-old Bieniek had been arrested in August 2006 on a harassment charge and was later found to suffer from depression and mental illness. In December of 2006, he was admitted to the State Hospital, where an evaluation noted he was a suicide risk. However, the family claims the hospital did not put him on suicide watch, nor was he supervised properly during his hospital stay.
On the day of his death, Bieniek was found by hospital staff hanging from a bed sheet in his hospital room’s bathroom; he was unresponsive and taken to Castle Medical Center, where he died on February 24, 2007.
The family is seeking an undetermined amount in damages and attorneys’ fees.
If you have lost a loved one due to someone else’s negligence in Ohio, please contact wrongful death attorney Robert W. Kerpsack, Co., L.P.A. today to schedule a confidential consultation.
posted by
Lynn
at
4:28 PM
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Monday, February 23, 2009
Montana Company Accused of Killing Hundreds With Asbestos
A prosecutor in a Montana courtroom has alleged that W.R. Grace & Co., a company that mined vermiculite in Libby, Montana, knew that its mining operation exposed residents to asbestos but hid those risks from employees and government regulators for years. Executives who work at W.R. Grace (five to be exact) and the company as a whole are charged with violating the federal Clean Air Act and obstructing an EPA investigation into the asbestos contamination at the mining company.
Naturally-occurring asbestos mineral fibers can be inhaled and cause the deadly disease, mesothelioma, asbestosis, and lung cancer. Prosecutors claim the company and its execs caused more than 200 people to die and made more than 2,000 very ill.
The legal issue at hand is proving that the co-defendants knew of the health risks associated with the mine for the years before the regulators arrived. Defense attorneys claim there was no conspiracy to knowingly release asbestos and claim that the most of the asbestos release took place before the applicable law banned this practice in 1990.
After reports about numerous health problems in Libby, the EPA (Environmental Protection Agency) sent in an emergency team back in 1999 to collect information about asbestos contamination. Libby, Montana was declared a Superfund cleanup site in 2002. Prosecutors said that Libby suffers almost 80 times the national average in its death rate from asbestosis. The number of lung cancer deaths is 30% higher than what is expected.
If you have been made ill due to exposure to asbestos, or if you have lost a loved one to mesothelioma, you may have a valid legal claim. Please contact Robert W. Kerpsack, Co., L.P.A. today to schedule a confidential consultation.
Naturally-occurring asbestos mineral fibers can be inhaled and cause the deadly disease, mesothelioma, asbestosis, and lung cancer. Prosecutors claim the company and its execs caused more than 200 people to die and made more than 2,000 very ill.
The legal issue at hand is proving that the co-defendants knew of the health risks associated with the mine for the years before the regulators arrived. Defense attorneys claim there was no conspiracy to knowingly release asbestos and claim that the most of the asbestos release took place before the applicable law banned this practice in 1990.
After reports about numerous health problems in Libby, the EPA (Environmental Protection Agency) sent in an emergency team back in 1999 to collect information about asbestos contamination. Libby, Montana was declared a Superfund cleanup site in 2002. Prosecutors said that Libby suffers almost 80 times the national average in its death rate from asbestosis. The number of lung cancer deaths is 30% higher than what is expected.
If you have been made ill due to exposure to asbestos, or if you have lost a loved one to mesothelioma, you may have a valid legal claim. Please contact Robert W. Kerpsack, Co., L.P.A. today to schedule a confidential consultation.
posted by
Lynn
at
5:14 PM
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Thursday, February 19, 2009
Construction Industry Most Dangerous in Country
Imagine the horror of seeing someone you work with fall hundreds of feet to his death. This is not anything we would want to experience in our lifetime, but, unfortunately, occupational injuries and deaths caused by falling is a tragic reality in this country.
According to statistics prepared by the Bureau of Labor Statistics, during one seven-year period, over 4,500 workers died as the result of a fall. The gruesome breakdown of construction-related deaths by falls is as follows:
447 workers died falling through something
136 workers died when they fell through an existing roof or floor
198 died by falling through opening for stairs, elevators, or skylights
113 died when they fell through already-installed skylight fixtures
These numbers are absolutely staggering. Think about how many times we pass construction sites and see those brave men and women courageously working day in and day out at the most dangerous job in the world. In the United States, it is estimated that over 11 million people go to work in the construction industry. The construction industry experiences more fatalities on the job than any other industry according to the National Institute for Occupational Safety and Health.
Often times, these injuries and deaths could have been prevented. All too often, construction sites are unsafe because they do not follow safety regulations set forth by state and federal agencies.
If you have lost a loved one to a construction accident, you may have a valid legal claim against a contractor, supervisor, equipment manufacturer, or business owner. Please contact the experienced workplace injuries attorneys at Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
According to statistics prepared by the Bureau of Labor Statistics, during one seven-year period, over 4,500 workers died as the result of a fall. The gruesome breakdown of construction-related deaths by falls is as follows:
447 workers died falling through something
136 workers died when they fell through an existing roof or floor
198 died by falling through opening for stairs, elevators, or skylights
113 died when they fell through already-installed skylight fixtures
These numbers are absolutely staggering. Think about how many times we pass construction sites and see those brave men and women courageously working day in and day out at the most dangerous job in the world. In the United States, it is estimated that over 11 million people go to work in the construction industry. The construction industry experiences more fatalities on the job than any other industry according to the National Institute for Occupational Safety and Health.
Often times, these injuries and deaths could have been prevented. All too often, construction sites are unsafe because they do not follow safety regulations set forth by state and federal agencies.
If you have lost a loved one to a construction accident, you may have a valid legal claim against a contractor, supervisor, equipment manufacturer, or business owner. Please contact the experienced workplace injuries attorneys at Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
posted by
Lynn
at
4:30 PM
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Monday, February 16, 2009
Dog Kills Young PA Girl
An eight-year-old Pennsylvania girl died Monday, January 19 after being mauled by a dog that was on the property of a residence in Hanover Township. The girl, Brianna Nicole Shanor, was staying at the residence on Sutherlin Road, which borders West Virginia, and had been there since the beginning of January. The owner of the residence is William J. Renda.
According to police, the girl and Renda were outside around 7:00 p.m., and the girl told Renda she was going back inside because she was cold. She apparently went near one of the dogs on the property, a 100-pound mixed breed, that was chained up outside near an old camping trailer that the dogs used as a shelter. The chain was about 20 feet in length. The girl was bitten several times in different places on her body; one of the bites was on her neck. She was pronounced dead at The Medical Center, Beaver. Unfortunately, there were no witnesses to this dog attack.
If your loved one has been harmed by a dangerous dog in Columbus or anywhere in Ohio, please contact the dog bite attorneys at Robert W. Kerpsack, Co., L.P.A. today to learn if you have a valid legal claim.
According to police, the girl and Renda were outside around 7:00 p.m., and the girl told Renda she was going back inside because she was cold. She apparently went near one of the dogs on the property, a 100-pound mixed breed, that was chained up outside near an old camping trailer that the dogs used as a shelter. The chain was about 20 feet in length. The girl was bitten several times in different places on her body; one of the bites was on her neck. She was pronounced dead at The Medical Center, Beaver. Unfortunately, there were no witnesses to this dog attack.
If your loved one has been harmed by a dangerous dog in Columbus or anywhere in Ohio, please contact the dog bite attorneys at Robert W. Kerpsack, Co., L.P.A. today to learn if you have a valid legal claim.
posted by
Lynn
at
2:07 PM
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Monday, February 9, 2009
Fires During Surgery: A Different Kind of Medical Malpractice
We often hear about things going wrong during a surgery that may lead to a medical malpractice lawsuit. Sometimes the wrong part of the body may be operated on, tools may be left in the body, and operating rooms may be contaminated causing serious infection in the patient. But patients catching on fire during surgery is something most people have not heard about. Surprisingly, however, as many as 600 people are catching on fire during surgery each year in the as many as 600 people are catching on fire during surgery each year in the United States.
When patients undergo surgery, they are required to sign a release form in which they sign that they are aware of the possible complications that can occur during surgery. Bleeding, heart attack, infection and death are the standard risks in any surgery, but the possibility of a surgical fire is never mentioned. Surgical fires happen when oxygen is flowing and a surgical tool creates a spark that ignites the flammable items around the patient, such as antiseptics, paper, and surgical drapes. Patients’ hair has even caught fire.
It is reported that surgical fires most often take place during head and neck surgeries because of the close proximity of air, heat and fuel.
There are precautions to take to minimize your chances of catching on fire during surgery. You can request that less oxygen be used (or none at all), and you can request a non-alcohol-based skin prep such as Betadyne.
When patients undergo surgery, they are required to sign a release form in which they sign that they are aware of the possible complications that can occur during surgery. Bleeding, heart attack, infection and death are the standard risks in any surgery, but the possibility of a surgical fire is never mentioned. Surgical fires happen when oxygen is flowing and a surgical tool creates a spark that ignites the flammable items around the patient, such as antiseptics, paper, and surgical drapes. Patients’ hair has even caught fire.
It is reported that surgical fires most often take place during head and neck surgeries because of the close proximity of air, heat and fuel.
There are precautions to take to minimize your chances of catching on fire during surgery. You can request that less oxygen be used (or none at all), and you can request a non-alcohol-based skin prep such as Betadyne.
posted by
Lynn
at
1:35 PM
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Thursday, February 5, 2009
Man Dead After Cell Phone Explosion
A man in southern China has died after his cell phone apparently blew up after he put in a new battery; the explosion severed a major artery in his neck, according to reports. The man had just put in the new battery after it was charged; the cell phone was in his breast pocket at the time of the explosion.
Chinese authorities have not yet released the make and model of the cell phone or the battery. Police are also investigating whether or not the phone and/or battery were counterfeit.
If you or a loved one has died due to a defective product, please contact the experienced product liability attorneys at Robert W. Kerpsack, Co., L.P.A.
Chinese authorities have not yet released the make and model of the cell phone or the battery. Police are also investigating whether or not the phone and/or battery were counterfeit.
If you or a loved one has died due to a defective product, please contact the experienced product liability attorneys at Robert W. Kerpsack, Co., L.P.A.
posted by
Lynn
at
12:41 PM
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Monday, February 2, 2009
Necklaces Recalled Due to Lead
Many of you may be familiar with Spencer Gifts, the novelty store that sells gag gifts, funny cards and books, and children’s toys (some for the adults, too). Last week, the U.S. Consumer Product Safety Commission and Spencer’s announced a voluntary recall of the Skull and Crossbones Necklace that has eleven pieces of rhinestones on its forehead and one rhinestone on both ends of the crossbones. Over eight thousand necklaces were recalled due to high levels of lead; lead can be toxic when ingested and can cause very serious health issues. The necklaces were sold at Spencer Gifts and Spirit Halloween stores from November 2006 to December 2008 for around ten dollars.
If your child has one of the skull and crossbones necklaces, please confiscate it immediately. For additional information, please call Spencer Gifts at 1.800.321.2497 or visit the stores’ websites at www.spencersonline.com or www.spirithalloween.com.
If you or a loved one has been harmed by a defective product in the Columbus area or anywhere in Ohio, please contact product liability attorney Robert W. Kerpsack, Co., L.P.A. today to schedule a confidential consultation.
If your child has one of the skull and crossbones necklaces, please confiscate it immediately. For additional information, please call Spencer Gifts at 1.800.321.2497 or visit the stores’ websites at www.spencersonline.com or www.spirithalloween.com.
If you or a loved one has been harmed by a defective product in the Columbus area or anywhere in Ohio, please contact product liability attorney Robert W. Kerpsack, Co., L.P.A. today to schedule a confidential consultation.
posted by
Lynn
at
5:57 PM
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Florida Couple Wins "Wrongful Birth" Malpractice Suit
A jury has awarded more than $21 million to a Florida couple in what is being called a "wrongful birth" case in which a doctor misdiagnosed a severe birth defect in their son, leading them to have a second child with similar problems. Because the doctor works for the University of South Florida, the Legislature will have to be persuaded to award most of the money because state law caps negligence claims against government agencies at $200,000.
Daniel and Amara Estrada's two young sons are not able to communicate and need constant care. Two-year-old Caleb is a severely impaired child who will need care for the rest of his life.
The couple claimed that Dr. Boris Kousseff failed to diagnose their first son's genetic disorder, Smith-Lemli-Opitz Syndrome, which is the inability to correctly produce and synthesize cholesterol. Had the disorder been correctly diagnosed in the first child, a test would have indicated whether the couple's second child also was afflicted by the disorder. The couple would have terminated the pregnancy had they known the second child would suffer like their first. Dr. Kousseff told them they would be able to have normal children after their first son's birth.
If you or a loved one has suffered due to medical malpractice in Columbus, Ohio, please contact the experienced medical malpractice attorneys at Robert W. Kerpsack, Co. LPA today to schedule a confidential consultation.
Daniel and Amara Estrada's two young sons are not able to communicate and need constant care. Two-year-old Caleb is a severely impaired child who will need care for the rest of his life.
The couple claimed that Dr. Boris Kousseff failed to diagnose their first son's genetic disorder, Smith-Lemli-Opitz Syndrome, which is the inability to correctly produce and synthesize cholesterol. Had the disorder been correctly diagnosed in the first child, a test would have indicated whether the couple's second child also was afflicted by the disorder. The couple would have terminated the pregnancy had they known the second child would suffer like their first. Dr. Kousseff told them they would be able to have normal children after their first son's birth.
If you or a loved one has suffered due to medical malpractice in Columbus, Ohio, please contact the experienced medical malpractice attorneys at Robert W. Kerpsack, Co. LPA today to schedule a confidential consultation.
posted by
Lynn
at
8:32 AM
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