San Diego Disability Injury Lawyer

Expert Advocacy

A dedicated law firm offering tailored legal solutions, ensuring justice through expertise, integrity, and commitment.

Traumatic Brain Injury Diagnosed in Sixth Former NFL Player

A 6th former National Football League player has been diagnosed with traumatic brain injuries similar to what boxers suffer from multiple blows to the head.

Doctors at Boston University School of Medicine studied the brain of Tom McHale and determined that he suffered from a traumatic brain injury before his death last May. McHale was 45 and played in the NFL from 1987-1995 for the Tampa Bay Buccaneers.

According to McHale’s family, injuries from football and dealing with his pain led to a psychological downturn:

McHale played on N.F.L. offensive lines for nine seasons, most of them with the Buccaneers, before retiring and running several Tampa-area restaurants. According to his widow, Lisa, he developed such chronic pain in his shoulders and other joints that in 2005 he began taking improperly large doses of the painkiller OxyContin, which exacerbated his lethargy and depression and led him to take cocaine occasionally to offset those effects.

McHale spiraled downward, went through drug rehabilitation three times, and died on May 25, 2008, of a lethal — and deemed by the police, accidental — combination of oxycodone and cocaine. His death shocked many former teammates and players, several of whom remembered him as an intelligent and responsible man.

Doctors concluded that McHale’s condition was the result of repetitive head trauma. In some cases, McHale’s condition can lead to the onset of dementia.

In serious car accidents, people can be subjected to significant forces to their head and brain–not unlike what a boxer or football player experiences. In some cases, this leads to concussions. In others, it leads to traumatic brain injuries. It’s important to keep McHale’s story in mind when we start to see possible signs of traumatic brain injury. In some cases, the injury can progress as severely as McHale’s condition.…

San Diego Woman Stabbed After Car Crash

Late Wednesday night a 69-year-old woman was assaulted and stabbed in the neck with a box cutter by the man who had just rear-ended the car the woman was driving. The surprise attack caused the woman to step on the gas to flee and ended up crashing her car headlong into a tree. The car accident happened in the Old Town area of San Diego.

Police described the woman’s injuries as not life-threatening, although the attack was–at the very least–terrifying and unexpected. The man is described as a Hispanic male, 20-30 years of age, 5 feet 9 inches tall and weighing approximately 160-180 pounds.

This assault is particularly scary and unnerving. By all accounts, the woman was willing to exchange insurance information with the man, had rolled down her window, and was then stabbed.…

California Emergency Room Doctors Sue State For Failing Health Care System

California emergency room doctors have filed a class-action lawsuit against the State of California alleging that California’s healthcare system–stretched and burdened by its’ thin budget and high demand for services–is about to collapse on itself. The suit comes at a time when hospitals and emergency rooms are closing at alarming numbers, leading to limited emergency care for injured Californians.

The situation is only becoming worse with the State proposing $1.1 billion in cuts to MediCal, California’s low-income health payment system.

This is the second lawsuit brought by doctors against the State of California within a year. In the first lawsuit, led by the California Medical Association, doctors were able to obtain an injunction against the State’s proposal to cut MediCal reimbursement rates to healthcare providers by 10%. The State instead reduced current reimbursement rates by 1% to 5%.

Emergency room doctors have been particularly hard hit by the healthcare crisis since, unlike other doctors, they cannot choose to turn away low-income patients who rely on MediCal.…

Victim of Fatal Oceanside Auto Accident Identified

Finally, after much investigation, the identity of a man who died from an car crash in Oceanside was revealed by authorities yesterday as Richard W. Elmore. 95 years old and a widow, the San Diego County medical examiner said that Elmore was found unresponsive in his car on Friday, January 22, along the 1900 block of Henie Hills Drive in Oceanside. He was declared dead at 6:16 p.m. shortly after he was brought to the Tri-City Hospital’s emergency room by paramedics. He was given advanced cardiac life support while on the way to the hospital.

According to authorities, Elmore’s car accident and subsequent death was accidental in nature and involved serious trauma to his spine as a result of the force of the collision. Despite this, it is unknown when the car crash happened and Oceanside police are investigating the case.

This appears to be just one of the many San Diego auto accidents that could have been prevented with awareness and care when driving. It is important therefore to always remember safety and traffic rules when on the road to avoid such losses as Elmore’s case. Nevertheless, the loss of life is always tragic and we want to pass our thoughts and prayers along to Mr. Elmore’s family for their loss.

If you are in need of assistance following an Oceanside auto accident, please contact San Diego car accident lawyer and the San Diego personal injury lawyers. They will be able to assist you in whatever case you have. You may contact these California personal injury attorneys.

You will be given a free consultation and helpful information regarding your San Diego auto or truck accident.…

Pedestrian Struck in Lake Elsinore Car Accident

A woman was struck and injured in a severe pedestrian accident that took place on January 22, 2012, around 8:07 p.m. in Lake Elsinore. According to Riverside County sheriff’s officials, the pedestrian was crossing a major road when she got hit by a white sedan struck along the 32600 block of Mission Trail, about a half-mile north of Corydon Road.

Deputies found the woman lying in the street and immediately transported her to Inland Valley Medical Center for treatment. From the present facts, it is unclear as to how this pedestrian accident occurred. Was the motorist distracted? Or was he speeding?

At this time, the victim’s family members should immediately seek counsel from an experienced Riverside County car accident lawyer who would educate them about their legal rights. If negligent operation by the motorist caused this car accident, then he may be legally required to compensate the victim’s family for the cost of treatment, and other related damages.

Our personal injury law office hopes that the injuries suffered by the victim heal soon and do not prove serious.…

Two Women and a Toddler Struck by Car in San Marcos

Two women, ages 61 and 40, and a 3-year-old girl were struck while crossing a street on January 24, 2012, around 3 p.m. in San Marcos. According to sheriff’s Deputy Tammy Bennetts, the victims were struck by a 22-year-old woman turning her car from westbound Positive Place onto the southbound Tiger Way.

The injured victims were immediately transported to nearby hospitals for medical treatment. From the present facts, it is unclear as to how this serious car crash occurred. Was the car driver drunk? Or was she speeding?

At this time, the victims’ family members should immediately seek counsel from an experienced San Diego County pedestrian accident lawyer who would educate them about their legal rights. The car driver may be legally required to compensate the victims’ family for the cost of treatment, and other related damages.

Our San Diego personal injury law office hopes that the injuries suffered by all the victims heal soon and do not prove serious.…

Pedestrian Struck By Train in Sorrento Valley

18-year-old Luis Cortez was struck and injured in a severe pedestrian accident that occurred on February 20, 2012, around 3 p.m. in Sorrento Valley. According to the sheriff’s department, Cortez was walking on the railroad tracks near the Sorrento Valley Station when a northbound AMTRAK train traveling at 45 mph struck him.

Cortez sustained minor injuries and was put on the train to the Solana Beach Station by AMTRAK personnel after examining his condition. He was later transported to Scripps Hospital in La Jolla for medical treatment.

Based upon a reading of Section 21950, it is quite possible that both the train conductor and pedestrian may be responsible for this pedestrian accident. If the AMTRAK operator saw or could have seen the pedestrian crossing the rail tracks, this accident could have been prevented. Further, because the pedestrian may not be 100% at fault and the driver 100% fault-free under their responsibilities set forth by California law, the family of the pedestrian may still be able to recover damages.

In situations such as this one, where a pedestrian is the victim of a serious train accident, the family members of the victim may benefit from speaking with a San Diego pedestrian accident lawyer.

Our personal injury law office hopes that the injuries suffered by the victim do not prove fatal.…

Bicyclist Critically Injured in Sorrento Valley Car Accident

A 45-year-old bicyclist was struck and injured in a serious car crash that occurred on January 19, 2012, around 1 p.m. in Sorrento Valley. According to San Diego police, the bicyclist was riding to the east in a bike lane in the 6000 block of Sorrento Valley Boulevard when he was struck by a Toyota Camry traveling in the same direction.

The sedan smashed into a roadside tree and later came to rest on top of the bicyclist. Medics responding to this serious car accident immediately transported the injured victim to a nearby hospital for treatment.

From the present facts, it is unclear as to how this car collision occurred. Was the car driver distracted? Or was he speeding?

The victim’s family members should immediately seek counsel from an experienced San Diego County car collision lawyer, who would educate them about their legal rights.

If the motorist’s negligent driving caused this car wreck, then he may be legally required to compensate the biker for the hospital, medical and treatment costs, and other related damages.

Our personal injury law office hopes that the injuries suffered by the victim heal soon and do not prove fatal.…

Committee Calls for CDC to Lower Threshold on Identifying Child Lead Poisoning

The U.S. Centers for Disease Control and Prevention (CDC) has been asked by a federal advisory committee to lower its threshold for diagnosing cases of lead poisoning in children. The lowering of the threshold would have lower levels of lead toxicity in children be identified as dangerous, bringing more attention to a serious problem that can have life-long effects, according to The New York Times.

This is the first recommendation for lowering the lead poisoning threshold in 20 years and would lower the official diagnosis of lead poisoning from 10 micrograms of lead per deciliter of blood to five micrograms. It is expected that by doing so, hundreds of thousands more children would be diagnosed as suffering from lead poisoning, with approximately 250,000 children already diagnosed in the United States. It is believed that a lowering of the threshold would result in an increase in the safety of living conditions for children throughout the U.S.

Lead poisoning typically results from exposure to paint that contains lead, which is often found in homes built before 1978. The paint deteriorates into flakes and dust which poses a danger to any who are exposed, with children being especially vulnerable. When a child’s body contains a high level of lead, he or she can suffer injuries to developing organs, such as the brain and kidneys. As such, cognitive and physiological functions can suffer permanent damage that will last for the child’s entire life. Because these effects are so devastating, it is important for all families to practice caution when it comes to lead exposure, especially for any children that may be affected.

Any injuries a child suffers, especially ones that hinder his or her development, are incredibly serious and traumatizing. If your child has been injured due to another’s negligence, the San Diego child injury attorneys can help you and your child find compensation to aid in the road to recovery. Call our offices today for a consultation on your case.…

MSNBC Takes on Federal Medical Device Preemption

Federal preemption of state laws is a dry subject. It puts lawyers and law students asleep.

However, the consequences of preemption can be both real and significant.

The Supreme Court recently in Riegel v. Medtronic decided that a state tort injury actions for defective medical devices are barred when the FDA grants the device premarket approval through the federal Medical Devices Act.

With such a technical ruling, the national media has largely ignored the far-reaching significance of this ruling. However, MSNBC’s Keith Olberman recently took on the federal preemption issue in Riegel–and took the opportunity to bash Bush (shocker!)–in his usual one-sided presentation of facts.

Like Ronald Miller of the Maryland Injury Lawyer Blog, who drew our attention to the video, I’m not a big fan of Olberman. In fact, I’d probably agree to any derogatory term used to describe him and he hasn’t been funny or clever since his time on ESPN. But he deserves some credit for taking notice of this ruling.…