November 17, 2011

Jury Awards $9 Million to Couple in Medical Malpractice Lawsuit

Earrings look funky in xrayA jury in a federal lawsuit in Cheyenne, Wyoming has awarded $9 million to Louis and Rebecca Prager. The suit against Campbell County Memorial Hospital in Gillette, Wyoming and Dr. Brian Cullison alleged medical negligence during treatment of Mr. Prager in 2008, leading to permanent disabilities. The award may be the largest medical malpractice verdict in Wyoming history.

Prager, an oil field worker, was involved in a rollover accident on December 9, 2008, when the truck he was driving for his employer went off the road in icy conditions.. An ambulance crew immobilized him on a backboard, placed a neck brace on him, and rushed him to the emergency room at Campbell County Memorial Hospital. According to the lawsuit, despite complaints of neck pain, Cullison released Prager without examining him, taking x-rays of his neck, or providing him with a cervical collar.

Prager, 51 years old at the time, returned to the hospital four days later after losing the use of his left arm and shoulder. The hospital found multiple fractures to his cervical spine and performed emergency neck fusion surgery. The surgery prevented any further injury, but could not repair the nerve damage. He has since had a second neck fusion operation and will probably require more in the future. He has also undergone several procedures aimed at reducing his pain. He has been unable to work since the accident.

Prager’s lawsuit alleged that Cullison’s failure to diagnose his broken neck led to permanent C5 nerve root injuries, and sought to hold the doctor and the hospital liable for his expenses, pain and suffering, and future costs. Defense attorneys argued that Prager’s pain and loss of use of his arm resulted from a progressive shoulder injury, not the failure to diagnose the cervical injury. After a nine-day trial in October 2011, the jury determined that the negligence of the hospital and doctor caused Prager $7 million in damages. They awarded an additional $2 million in damages for loss of consortium to Prager’s wife, Rebecca. “Loss of consortium” damages relate to the loss of companionship and support suffered by the spouse or partner of an injured plaintiff. According to the Casper Star-Tribune, this is the largest medical malpractice award in the state’s history, beating the previous record of $1.5 million by a wide margin.

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March 25, 2011

Washington DC Construction Accident: Worker Nearly Buried in Trench Dies

A worker is dead following a DC construction accident on Thursday. The man suffered fatal injuries when a large quantity of clay dirt fell on him, trapping him in a trench where utility work was being done. The site where the incident happened is a house under construction.

75 rescue and fire workers spent three hours trying to save him. Heavy, wet dirt had fallen around the worker. Although there was a space left around his upper torso and rescuers could see the top of his head, it wasn’t until a medic hooked him to a heart-monitoring device that it was confirmed that the construction worker had died.

The trench the construction worker was trapped in was about 20 feet long and 12 to 15 feet deep. His body was finally extricated nearly seven hours after the DC work accident. His cause of death appears to be fatal “compression” injuries.

DC Construction Accidents
Injuries in many construction accidents can be so severe that many workers who sustained catastrophic injuries may not be able to work again or find themselves disabled for life. There are also those workers who are not fortunate enough to survive their injuries.

Although you likely cannot sue an employer over work accident, there may be third parties involved in the project who can and should be held liable. It is important that you explore your legal options as soon as possible with an experienced Washington DC personal injury law firm.

Common Construction Accidents:
• Falls from roofs
• Scaffolding fools
• Elevator shaft falls
• Crane collapse
• Falling objects
• Machinery accidents
• Falls through floors
• Machinery or equipment defects
• Motor vehicle accidents
• Electrical accidents
• Explosions
• Trench collapses
• Fires
• Gas blasts
• Welding accidents
• Ladder-related accidents


Serious Construction Accident Injuries:
• Head injury
• Traumatic brain injury
• Cumulative trauma disorder
• Spinal cord injuries
• Nerve damage
• Severed limbs
• Paralysis
• Burn injuries
• Limb loss
• Hearing loss
• Broken bones
• Blindness
• Suffocation
• Amputations
• Infected wounds
• Dislocated shoulder
• Fractures
• White finger syndrome

Construction worker dies at D.C. work site, The Washington Times, March 25, 2011

Worker trapped in trench dies, The Washington Post, March 24, 2011


Related Web Resources:
OSHA Construction, US Department of Labor

OSHA Construction Accidents, Workplace Safety Tips


More Blog Posts:
Maryland Crane Accident Leaves One Worker with Serious Injuries, Maryland Accident
Law Blog, February 9, 2009

Maryland Attorney Sues Baltimore For Burn Injuries Caused By Fall Accident into Construction Hole, Maryland Accident Law Blog, October 10, 2008

Two Construction Workers are Seriously Injured in D.C. Construction Accident, Washington DC Injury Lawyer Blog, August 22, 2007

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August 22, 2007

Two Construction Workers are Seriously Injured in D.C. Construction Accident

Two men were injured while working at a construction site in Washington D.C. on Tuesday.

The construction workers were working about 30 feet under the ground on a building project in the downtown area when they were struck by a steal beam that they were lowering.

One of the workers was struck on the head. The other worker was hit on the back. Alan Etter, the DC Fire and EMS Spokesman says that the injuries are critical but not fatal.

If you are injured at a construction site, you may be eligible for workers’ compensation benefits. Workers’ compensation is provided by employers for employees that are injured at work. A good personal injury attorney can make sure that you get the full range of benefits under the workers’ compensation package that you are entitled to.

By accepting benefits under workers’ compensation, you are waiving the right to sue your employer for personal injury. However, there may be other liable third parties involved, such as contractors, the manufacturers of defective construction tools or machinery, and building designers or architects.

An experienced personal injury attorney can examine the circumstances surrounding your construction injury and determine whether any other parties can be held financially and civilly responsible for your accident and recovery costs.

The Bureau of Labor Statistics says that in 2003:

• 155,420 construction accidents took place in the U.S.
• Out of every 10 construction workers, 1 person will get hurt on the job.
• The majority of the construction workers who were injured missed over 31 workdays.
• Defective construction materials and using construction tools/machinery are two of the most common causes of injuries at construction sites.
• The most common areas where construction workers are injured are their backs and trunks.

Two Men Injured in Construction Accident, NBC4.com, August 21, 2007

Bureau of Labor Statistics, U.S. Department of Labor

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