Recall Issued after Crib Tent Death
Crib tents are intended to keep babies and toddlers safe by preventing them from crawling or climbing out of the crib and sustaining injuries in a serious fall. However, one such crib tent is being blamed for at least one infant death and one serious brain injury. Oklahoma child injury lawyers caution parents using a crib tent made by Tots in Mind, Inc. to heed the advice of the Consumer Product Safety Commission (CPSC) and immediately stop using the defective product.
Tots in Mind, Inc., initially recalled the mini crib tents in 2010 and offered consumers a repair kit. However, Tots in Mind, Inc., has since gone out of business, and therefore the repair kit is no longer available. However, the CPSC and five major retailers have issued a voluntary recall of the crib tents. Retailers involved in the recall include:
- Amazon.com
- Bed Bath & Beyond / Buy Buy Baby
- Burlington Coat Factory
- Toys R Us / Babies R Us
- Walmart
Because the Tots in Mind, Inc. crib tents were sold by online and national retailers, it is reasonable to assume the use of these defective baby products in Oklahoma. Though the CPSC says there are no identifying product numbers on the recalled crib tents, they can be identified by the Tot in Mind label. Approximately 330,000 Tots in Mind crib tents are affected by the recall, including the following models:
- Portable Playard Tent
- Original Cozy Crib Tent
- Cozy Crib Tent II
- Crib Tent for Convertible Cribs
- Portable Playard Tent Plus Cabana Kit
These crib tents pose a strangulation and entrapment hazard. In 2007, a 2-year-old suffered a catastrophic and traumatic brain injury when the crib tent broke and the broken rod entrapped him at the neck. In 2008, a 2-year-old was killed when his neck became trapped between the bottom rail of the playard tent and the top rail of the playard. At least one other injury report involves a mother finding her child trapped in a similar position and turning blue.
If your child has been injured using a defective crib tent or other defective product, it is important that you immediately stop using the product, file an incident report with the CPSC, and contact an Oklahoma City child injury lawyer who can advise you of your options for obtaining compensation for your child's injury.
Storm Shelter Liability in Oklahoma
Spring in Oklahoma means severe weather, and although this storm season has been somewhat quiet, most Oklahomans remain alert to the possibility of tornadoes and damaging hail--especially in light of the devastating storms of the past few years. Oklahoma legislators are attempting to make Oklahoma safer during severe weather by offering incentives for the installation of storm shelters. Earlier this month, Governor Mary Fallin signed into law House Bill 2419 as another measure to attempt to provide Oklahomans with a safe place to ride out dangerous storms. HB 2419 is a storm shelter liability law that attempts to protect property owners from an Oklahoma premises liability lawsuit if they open their homes or businesses to those seeking shelter from severe weather.
Governor Fallin signed the bill after previously vetoing a similar bill. She struck down HB 2296 shortly before this year's fatal tornado in Woodward which killed six people, including three young girls. HB 2296 was intended to protect the owners of mobile home parks from liability in providing shelter during storms. Representative Eric Porter drafted the bill after a woman in his district was turned away from a park office during a storm because of liability concerns. Fallin vetoed the bill saying that although it was well-intentioned, it was poorly written. She said HB 2296 might have allowed for some people to be rewarded for gross negligence, and it singled out mobile home park owners as a special class of citizen.
Proponents of the bill went back to the drawing board and drafted HB 2419, which addressed Fallin's concerns and protected all homeowners and business owners who, in good faith, provide shelter from a storm--not just mobile home park owners. Fallin signed the bill on May 4, 2012, and it took effect immediately.
While the storm shelter liability law serves as a "Good Samaritan" law for those offering shelter in a storm, it does not prohibit lawsuits against those who exhibit "willful or wanton negligence" or "misconduct." For example, business owners who encourage others to take shelter in a place that is structurally unsound may be held liable. The law defines a "safe place" as "any property, dwelling, shelter, or other structure that can be reasonably considered protection from severe weather," a definition that some legislators consider to be too vague.
Oklahoma City premises liability lawyers encourage all people to properly maintain their homes, businesses, and property. When injuries occur due to inadequate maintenance, lack of repair, or failure to address safety concerns, the property owner can and should be held financially liable for the resulting injuries. Oklahoma's tornado shelter liability law protects those acting in good faith, but it does not protect those who allow others to take shelter in a structure that is not considered a "safe place." For more information about property owners' liability in injury accidents, speak with a personal injury lawyer in Oklahoma.
Oklahoma Workers Compensation Lawyers
Though some workplace accidents and injuries may be eligible for personal injury litigation, as in cases where an employer demonstrates negligence and wrongdoing, most workplace injuries are covered by Oklahoma Workers Compensation law. Workers Compensation is designed to offer protection to injured workers by giving them the benefits they need following an injury, but it is also designed to protect employers from lawsuits. Because of this attempt to balance the needs of the employee against the rights of the employer, Workers Compensation claims are often settled for less than the injured worker needs and deserves. Anyone who has been injured in an accident at work would be wise to consult an Oklahoma Workers Compensation lawyer or Oklahoma personal injury lawyer to determine the best course of action for obtaining benefits and financial recovery following a job site accident.
Some occupations are inherently more dangerous than others. For example, construction site accidents and oil field accidents can cause catastrophic injury or wrongful death. In these occupations, strict safety standards must be enforced for the protection of workers. However, an accident can happen at any job. A slip and fall injury, back injury, or heart attack may be a workplace injury covered by Workers Compensation in Oklahoma. If an employer tries to avoid providing Workers Compensation benefits for an eligible injury, or if the employer attempts to seek retaliation against an employee who files for Workers Compensation benefits, an Oklahoma Workers Compensation attorney can be a valuable ally in helping the injured employee and his or her family obtain the protection and benefits they are guaranteed under Oklahoma law.
Though many workplace injuries are covered by Workers Compensation law, which protects employers against lawsuits once benefits have been granted, a negligent employer is not protected from personal injury litigation. If an employer fails to protect its employees by following safety protocols or providing a safe working environment, then you may be able to seek compensation through a personal injury lawsuit. If you have been injured at work, it is important to consult an Oklahoma personal injury lawyer who is also an experienced Workers Compensation attorney. A well-qualified attorney can help you determine whether you are eligible for benefits under Oklahoma Workers Compensation law or whether you may have a valid personal injury or wrongful death claim against a negligent employer. Your lawyer can then provide the effective legal representation you need to get the maximum benefit or compensation possible.
Safety Tips to Avoid Swimming Pool Accidents and Litigation
Oklahoma premises liability lawyers represent those who have suffered as a result of an injury or death that occurred on someone else's property as a result of the property owner's negligence. Premises liability accidents may include slips, trips, or falls; trampoline accidents; crimes resulting from inadequate security; and more. As summer approaches, personal injury attorneys in Oklahoma caution homeowners, parks, and other organizations that swimming pools can be a serious liability if proper safety precautions are not enforced.
Swimming pools are designed for relaxation and recreation. For many families, unfortunately, these icons of summer can quickly turn deadly. Swimming injury statistics are staggering. Drowning is the leading cause of accidental injury death among children aged 1-4, and it is the second leading cause of accidental injury death among children younger than 15. While half of all drownings of children younger than age 1 occur in bathtubs, buckets, or toilets, most drowning victims aged 1-4 drown in residential swimming pools. Drowning deaths and swimming pool injuries are not exclusive to toddlers and preschoolers, however. Approximately 5,000 children aged 14 and younger are transported to the hospital each year as a result of accidental drowning. Of those 5,000 children, fifteen percent die and twenty percent suffer from permanent brain damage or neurological disability.
Though drowning is an obvious swimming pool danger, many other serious accidents and catastrophic injuries include those from slippery walkways and decks, dangerous filters and drains, diving boards and ladders, and electrical shock. In addition to drowning, injuries may include traumatic brain injury, neck injury, spinal cord injury, and organ damage.
Swimming pool accidents can occur in any type of pool:
- 19% of fatal child drownings occur in public pools with certified lifeguards on duty
- 11% of drownings of children aged 1-5 occur in portable pools
- 39,500 people annually seek emergency room care for accidents in in-ground pools
- 10,000 people annually seek emergency room care for accidents in above-ground pools
The Consumer Product Safety Commission (CPSC) and its website at PoolSafely.gov offer these tips to help avoid serious or fatal swimming pool accidents:
- Neither children nor adults should ever swim alone
- Do not swim after eating, drinking alcoholic beverages, or taking medication
- No roughhousing should be allowed in or near the pool
- Always go down pool slides feet first
- Keep rescue devices (such as life preservers and a shepherd's hook) and first aid supplies near the pool
- Always make sure there is responsible adult supervision
- Teach children to swim and teach water safety
- If a child is missing, always check the pool or spa first
Supervision is the most important part of pool safety; however, in nearly 9 out of 10 child drownings, a parent or caregiver claimed to be watching the child. In 77% of home drownings, a child had been missing for fewer than five minutes when he or she was discovered in the pool or spa. In 70% of those cases, the child was not expected to be near the pool. It is important that, in addition to supervision, pool owners install adequate safety equipment:
- Four-foot or taller fence installed around the pool, preferably a four-sided fence that completely separates the pool from the house and yard
- Self-closing, self-latching gates on fences
- Lockable safety covers for spas and hot tubs
- Door alarms, window guards, and window alarms for residences where homes are adjacent to the pool and not separated by a fence
- Pool and gate alarms
- VGB compliant drain covers
- Surface wave or underwater alarms
Approximately ten people die each day as a result of unintentional drowning. Help prevent swimming pool accidents by practicing adequate safety measures to protect your family, friends, and neighbors. As summer temperatures arrive early in Oklahoma, be sure to thoroughly inspect and maintain any pool before opening it for the season.
If someone you love has been injured in a swimming pool accident, call the Oklahoma City pool accident lawyers with Phillips & Bailey for help.
Unsafe Road to Blame in Fatal Auto Accident
In many cases of automobile accident litigation, the defendant in the case is a driver whose careless, reckless, distracted, or drunk driving caused or contributed to an accident. However, effective Oklahoma City auto accident lawyers carefully investigate each case to determine all potentially at-fault parties. Often, they discover that poor roadway design or maintenance is at least partly to blame for an accident. Insufficient warnings and signage, poor maintenance, and inadequate safety features can all contribute to a serious or fatal car accident.
A tragic accident near the Bronx Zoo in New York this weekend confirms the importance of proper roadway design in ensuring driver safety. Over the weekend, a Honda Pilot carrying seven members of the same family clipped a highway divider, damaging a tire. The driver of the vehicle, Maria Gonzales, 45, lost control of the vehicle. It crossed three lanes of traffic, striking a curb that launched the SUV over a four foot guardrail, sending the vehicle plunging off the elevated highway and onto the ground six stories below.
Killed in the accident were Gonzales; her 10-year-old daughter Jocelyn; Gonzales's parents, Jacob Nunez, 85, and Ana Julia Martinez, 81; Gonzales's sister, Maria Nunez, 39; and Nunez's two daughters, Niely Rosario, 7, and Marly Rosaria, 3. At the time of the accident, the family was en route to a family gathering. There were no survivors in the accident.
Safety officials with the American Automobile Association (AAA) say that the poor design and inadequate safety features of the roadway are at least partially to blame for the accident. According to Robert Sinclair, spokesman for the New York office of the AAA, the Bronx River Parkway, built in 1925, does not have the modern safety technology features for today's traffic needs. He says that three sections of the parkway, including one at the accident site, appear on the state's "5 percent list," a federally mandated list defining the locations "exhibiting the most severe highway safety needs." Items of concern include:
- Four-foot guardrails deemed inadequate for an elevated highway
- A two-foot curb, inappropriate for a high-speed highway, because it serves as a "launching pad" sending vehicles airborne
- Limited sight distance
Last year, a vehicle fell off the highway on the same stretch of road.
For survivors of serious accidents, catastrophic injuries may result in permanent disability and a lifetime of medical care. For family members of those killed in fatal accidents, overwhelming grief and financial burdens can seem insurmountable. An Oklahoma auto accident attorney can help you achieve some measure of justice and relief by pursuing financial compensation from those liable for your injuries and losses. To find out more, call Phillips & Bailey to speak with an experienced car accident lawyer in Oklahoma City.
Playground Accident Injuries in Oklahoma
As the Oklahoma weather continues to warm, but ahead of the blistering dog days of summer, local playgrounds are buzzing with children enjoying the spring weather. Oklahoma child injury lawyers would like to take this opportunity to remind families to use caution and be aware of potential hazards of playgrounds and playground equipment.
At least two Oklahoma children's deaths have been attributed to playground accidents since late August 2010.
On August 19, 2010, nine year old Alyssa Avila suffered a head injury on the playground at Wyandotte Elementary School. Alyssa had been playing on the X-Wave, a new piece of playground equipment, when she fell off. Though she suffered no injuries from the fall itself, the X-Wave struck the girl on the head as she attempted to get up. She was transported to the hospital, where she died approximately two hours after sustaining the injury. Cathy Collins, the mother of the girl, has filed a lawsuit in her daughter's death, naming Xccent, Inc., manufacturer of the X-Wave; Noah's Parks and Playgrounds, of Edmond, which sold the X-Wave to Wyandotte Elementary School; and Wyandotte Public Schools as defendants.
On November 11, 2011, the body of nine-year-old Hannah Todd was found buried in a sandbox at a Tulsa playground. Investigators say that children liked to dig tunnels in the sand, and that Hannah's death was likely the result of a tragic playground accident.
Oklahoma City playground accident lawyers understand that most parents work diligently to protect their children, but a new report from pediatric orthopedists around the nation is showing that one "protective measure" taken by parents is responsible for a dramatic increase in one specific playground injury. According to a Yahoo! article by Lylah M. Alphonse, one pediatric orthopedist began seeing so many cases of toddlers with broken legs that he began to evaluate the cause. In less than one year, Dr. John Gaffney of Winthrop University Hospital saw fifty eight cases of children with broken tibia (shin bones). In thirteen of those cases, the children had broken their legs while going down a slide on the lap of a parent or older sibling.
Many parents choose to ride the slide with their toddlers to try to keep their little ones safe from falling. However, if the child's shoe snags on the side or bottom of the slide, there is a good chance the child's leg will break as a result. A child sliding alone is generally able to stop himself or herself to free the leg, but in the lap of a child, the velocity is too great, and the parent generally does not even realize their child has been injured until they reach the bottom of the slide.
Experts caution parents from sliding with their children, saying that if a child is too young to slide unaccompanied, then he or she is too young for the slide and should find a more age-appropriate piece of playground equipment.
While some injuries result from unfortunate accidents, others could be prevented if playground equipment is properly designed and maintained and if those responsible for the park or playground implement safety measures on the equipment and surrounding grounds. If your child's playground accident was caused by the negligence of another person or entity, call an Oklahoma City child injury lawyer for help.
Oklahoma City Oil Rig Accident Claims Man
An oil rig accident in Oklahoma City claimed the life of a man last night. Paramedics and firefighters responded at approximately 10:00 p.m. to a call that a man had been crushed in the rig. While crews were able to free the man from the accident site, located at 3400 SE 59th in Oklahoma City, he was in full cardiac arrest and died of his injuries.
Oklahoma City personal injury lawyers know that oil field workers are subject to some of the most catastrophic injuries sustained in workplace accidents. Oil field and oil rig workers must be constantly aware of occupational and environmental hazards that can cause serious or fatal injuries. However, even the most vigilant and safety-conscious workers can suffer devastating injury in an oil field accident. Most workers injured in oil rig accidents or oil field accidents are entitled to Workers Compensation. An Oklahoma Workers compensation lawyer can help these accident victims receive the full benefit to which they are entitled.
If the accident was a preventable accident caused by negligence, a personal injury lawsuit may allow for greater compensation. An Oklahoma oil field accident lawyer can help the injured party bring a personal injury or wrongful death lawsuit against those whose negligence caused or contributed to the accident.
Oil field accidents include extremely dangerous accidents such as:
- Oil rig collapse
- Falls
- Explosions
- Exposure to toxic fumes
- Defective machinery
- Equipment malfunction
Injuries sustained in oil field accidents are often severe, including lung damage, burns, traumatic brain injury (TBI), spinal cord injury, crush injuries, broken bones, and amputation. The most catastrophic injuries often result in the worker's death. Family members of the deceased worker may be able to find financial stability in the aftermath of the accident by filing a wrongful death suit.
Whether fighting to ensure you get the Oklahoma Workers Compensation benefits you need and deserve or aggressively litigating for maximum financial compensation through a personal injury or wrongful death lawsuit, it is important to proceed with experienced legal representation. A skillful attorney can determine if your settlement offer is adequate, and if it is not, he or she can aggressively pursue the fullest measure of compensation available to you. Following a serious workplace accident, you and your family need compensation for medical bills, lost wages, loss of benefits, lost or reduced income and earning potential, pain and suffering, burial expenses, and other associated costs. Find an Oklahoma personal injury lawyer who can help you fight to protect you and your family following a serious or fatal job site accident.
Video Reveals Oklahoma City Nursing Home Abuse
Oklahoma City nursing home abuse lawyers represent families of patients who have been abused or neglected in nursing homes and long term care facilities. These personal injury attorneys understand that the decision to place a loved one in a nursing home or assisted living facility is difficult, and with stories of nursing home neglect and abuse continuing to make headlines, the decision becomes even more complicated.
Earlier this week, police arrested two nursing assistants with the Quail Creek Nursing and Rehabilitation Center in Oklahoma City, after a secretly recorded video showed one employee abusing a patient while the other looked on and did nothing to stop the abuse. Arrested were Lucy Waithira Gakunga, 23, and Caroline Kaseke, 28. Each woman was arrested on one complaint of neglect by a caretaker.
Family members of a patient at the facility placed the video camera in the 96-year-old woman's room after they began to suspect someone was stealing from her. According to an incident report, the video instead revealed Lucy Gakunga slapping the patient in the face with latex gloves, then forcing the gloves into her mouth while the patient tried to push her hands away. Gakunga then lifted the patient into bed and pushed the side of her face to force her to lie down and compressed her chest, although nursing home administrators say there was no medical reason for the chest compression. Caroline Kaseke witnessed the abuse but did nothing to stop it or to help the victim.
Upon seeing the video, family members notified a nursing home administrator who alerted police.
While Gakunga and Kaseke will likely face criminal charges for the nursing home abuse, the family may also consider hiring an Oklahoma City nursing home litigation attorney. Though a criminal case may result in punishment of the abusers, a civil case can yield financial compensation for the victim and her family. The facility was entrusted with the care of the elderly woman who suffers from dementia and painful arthritis; instead, she was subject to the abuse of her caretakers. In nursing home litigation, victims may be able to receive compensation for medical expenses, pain and suffering, and more.
If you suspect your loved one is the victim of nursing home abuse or neglect, take immediate action to safeguard your loved one. Talk to the facility's administrators or notify police if you have specific evidence of abuse. Contact an experienced nursing home abuse lawyer in Oklahoma City to find out how you can protect your loved one and receive compensation for the damage done to your loved one.
Da Vinci Surgical Robot Leads to Medical Malpractice Lawsuits
Medical technologies are intended to improve upon existing technologies, bettering patient outcomes and reducing risks of treatment. Unfortunately, sometimes these technologies are placed in the hands of surgeons before the product has been thoroughly tested or before surgeons have received adequate training in their use. According to medical malpractice attorneys in Oklahoma City and around the nation, this is the case with the da Vinci surgical robot created by Intuitive Surgical.
The da Vinci robot is designed to improve a surgeon's range of motion during surgeries such as hysterectomies and prostate removal, but the machine is also being used in gall bladder removal, gastric bypass, and thyroid cancer surgeries. The da Vinci is intended to facilitate these minimally invasive surgeries by granting greater range of vision and motion, minimizing patient blood loss, and speeding recovery. Unfortunately, for victims of botched surgeries, the da Vinci does not seem to be worth its million dollar price tag.
Since 2003, the da Vinci has been implicated in a number of medical malpractice lawsuits and wrongful death cases. Initially, the lawsuits were levied against physicians plaintiffs say were ill-equipped to use the new technology. However, more recent cases have been filed against Intuitive Surgical, manufacturer and marketer of the da Vinci surgical robot. These lawsuits claim that the device is defective, Intuitive Surgical's marketing techniques are unethical, and the company fails to provide adequate training in the use of the device before certifying physicians. Oklahoma City medical malpractice lawyers are watching these developments closely.
Some of the multi-million dollar lawsuits involving botched surgeries using the da Vinci robot include:
- December 2003: the widow of a man whose aorta and vena cava were cut during surgery to remove a cancerous kidney sued St. Joseph's hospital, saying it allowed physicians with inadequate experience to use the machine and alleging that the hospital was more concerned about getting an opportunity to utilize the new technology than providing proper patient care
- May 2010: a woman who had both of her ureters severed during a hysterectomy sued Wentworth-Douglass hospital, alleging that the surgeons responsible for her surgery lacked adequate training to use the da Vinci surgical robot
- February 2012: the family of a man whose lower intestine was punctured during spleen removal was awarded $7.5 million; the man's injury was not discovered until two weeks after his surgery, at which time it was too late to save him; the doctor in the case testified that it was the first time he had used the da Vinci on a live patient
- March 2012: the father of a 24-year-old woman who died two weeks after a hysterectomy that burned an artery and her intestines filed the first lawsuit against Intuitive Surgical alleging that the da Vinci robot is a defective medical device
- April 2012: a couple has named Intuitive Surgical in a $490 million lawsuit after the woman's left ureter and bladder were damaged during a hysterectomy; the couple is suing for including pain & suffering, negligence, fraud, breach of warranty, unjust enrichment, and loss of consortium
If you or a loved one has suffered severe or fatal injuries as a result of a botched surgery, it is important that you seek legal counsel from a qualified Oklahoma medical malpractice lawyer as soon as possible. Whether your surgical malpractice case is the result of poorly trained physicians, careless surgeons, or defective medical equipment, you deserve compensation for your suffering.
Another Drop Side Crib Recall Due To Child Injury
After the Consumer Product Safety Commission began fielding numerous complaints about defective and dangerous drop side cribs, millions of these cribs from dozens of manufacturers were recalled. According to the CPSC, drop side cribs contributed to the deaths of more than thirty infants between 2000 and 2010, and countless others were injured. Fourteen crib companies amassed more than 900 incident reports from drop side crib defects prior to any recalls. Oklahoma City personal injury lawyers and attorneys around the nation began handling civil litigation on behalf of grieving parents and parents of injured children. In 2001, crib manufacturer Dorel, who is the parent company for Costco and (ironically) Safety 1st, paid civil penalties at a then-record of $1.75 million for failing to report dozens of incident reports to the CPSC. After more than 10 million cribs were recalled and at least 32 infants were killed (14 more deaths may have been associated with drop side cribs), the CPSC issued a ban on the manufacture and sale of drop side cribs in the United States. The ban took effect in June 2011, but gave hotels and child care centers an additional 18 months to replace some 935,000 drop side cribs in use in these facilities.
Oklahoma City defective products lawyers are quick to note that just because a dangerous product has been banned does not mean it is unavailable. In fact, many consumers may still be using drop side cribs that were purchased prior to the ban, or they may have purchased a used drop side crib at a garage sale or consignment sale--even though it is illegal to sell recalled products in this manner.
Yesterday, more than ten months after drop side cribs were banned in the United States, the CPSC issued another recall of drop side cribs. Nan Far Woodworking is recalling Rockland Furniture brand drop side cribs sold exclusively at JC Penney between 2005 and 2008. Parents are to cease using these cribs immediately and contact Nan Far Woodworking for a repair kit to immobilize the drop side of the crib. As in all cases of drop side crib recalls, parents are cautioned against trying to repair the problem themselves without the authorized kit.
If your child has been injured from sleeping in a drop side crib at home, at a hotel or motel, or at a child care facility, it is important that you file a report with the CPSC and contact a child injury lawyer in Oklahoma as soon as possible. You may be able to receive financial compensation for your child's medical expenses and more.